ALJDEC decisions subject to certification as final

08F-Y0118-ROC · Registrar of Contractors · 2009-03-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 24, 2009, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Victor Lozano. The Respondent appeared through its authorized representative, Ernie Saldana. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Respondent is the holder of a Class C-31 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent built a block wall for a residence that the Complainant constructed in the Complainant’s capacity of a licensed general contractor. 3. The homeowner was dissatisfied with the construction of the block wall and filed a Complaint against the general contractor of the residence. The matter went to hearing and the Registrar issued an Order (08F-Y0072- ROC) which required the general contractor to correct the wall at issue. 4. The Complainant (the general contractor for the residence) then filed a formal Complaint against the Respondent with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector issued a letter informing the Respondent of the Complaint. 6. Although a Corrective Work Order had been issued in the prior matter between the homeowner and the general contractor directing the general contractor to properly correct the block wall, no Corrective Work Order was issued in this matter. 7. On March 28, 2008, the Complainant filed a request for an administrative hearing. 8. The assigned Agency Inspector testified that the Respondent had performed some corrective work on the block wall but the Respondent’s corrective work had failed to correct the problems with the block wall and further and more extensive corrective action was required. 9. Credible testimony and evidence, presented at hearing, established the Respondent’s construction work on the block wall at issue fails to comply with applicable workmanship and industry standards. The Respondent shall properly repair or replace the block wall at issue. 10. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDed order In view of the foregoing, it is recommended, commencing on the effective date of the Registrar’s Order, the Respondent’s Class C-31 License shall be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has properly repaired or replaced the block wall at issue. It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and this matter be closed. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of the certification. Done this day, March 6, 2009.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2009, to:

Registrar of Contractors William A. Mundell Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com