ALJDEC decisions subject to certification as final

08F-Y0248-ROC · Registrar of Contractors · 2009-05-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 20, 2009 at 9:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

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-05 license issued by the Registrar of Contractors. 2. There was no dispute that that the parties entered into an oral agreement for the Respondent to apply an epoxy finish on the Complainant’s garage floor. 3. There was no dispute that pursuant to the terms of their oral agreement the Complainant paid the Respondent the agreed upon sum of $500.00. 4. Credible testimony established that the Respondent then declined to perform the agreed upon construction work and demanded an additional $200.00 before the Respondent would perform the agreed upon construction work. 5. The Complainant then demanded that the Respondent complete the agreed upon construction work or return the $500.00 to the Complainant. 6. Credible testimony established that the Respondent refused to return the $500.00 on the basis that the Respondent did not have $500.00 and that the Respondent refused to perform the agreed upon construction work. 7. There was no dispute that the Complainant has now applied the epoxy coating and that no further construction work on the garage floor is required. 8. Credible testimony and evidence established that the Complainant received no value for the money that the Complainant paid the Respondent. 9. Credible testimony and evidence established that the Respondent refused to perform the agreed construction project without legal excuse for the refusal to perform. 10. The Respondent’s actions, in refusing to perform agreed upon construction work and in refusing to return the Complainant’s money to him, are found to constitute a wrongful act. 11. 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) (Abandonment or refusal to perform) and (7) (Wrongful Act). RECOMMENDed Order In view of the foregoing, it is recommended commencing on the effective date of the Registrar’s Order that the Respondent’s Class C-05 license shall be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has as restitution paid the Complainant the sum of $500.00. It is further recommended that if the Respondent submits written proof that is accepted by the Registrar that the Respondent has paid the sum of $500.00 to the Complainant before the effective date of this Order, then the above provided license revocation shall not take place and that instead the Respondent’s Class C-05 license shall be placed on 30 days active license suspension. 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, April 27, 2009.

______________________________________ M. Douglas Administrative Law Judge

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

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

By ___________________________

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