ALJDEC decisions subject to certification as final

08F-Y0265-ROC · Registrar of Contractors · 2009-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30, 2009 at 10:30 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its authorized representative, Juan Lugo. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. The Respondent’s Class B- License No. 213379 was suspended by the Registrar of Contractors on June 14, 2009. 2. This is a residential matter where the Respondent entered into a construction agreement with the Complainant to construct a new bathroom for her residence. 3. The Complainant paid the Respondent the agreed upon down payment and the Respondent began preliminary work. The Respondent then stopped work and abandoned the construction project leaving the Complainant with a dangerous, unfinished construction project in her backyard. 4. There was no dispute the Respondent failed to obtain a required permit from the local building authority before beginning the construction project. 5. When the Respondent failed to return to her residence and complete the construction project, the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 6. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to complete the construction project. 7. Credible testimony and evidence established that the Respondent failed to respond to the Corrective Work Order. 8. The Respondent’s actions, in abandoning the construction project and in failing to comply with applicable building codes and in failing to perform its work in a professional and workmanlike manner and in failing to comply with the terms and conditions of a Corrective Work Order, are found to constitute a wrongful act. 9. Credible evidence and testimony established that the parties did have a written construction agreement, but that the Respondent failed to provide a signed copy of the parties’ written agreement to the Complainants. 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)(A) (Abandonment); (A)(2) (Departure from any building codes); (A)(7) (Wrongful Act); (A)(23) (Failure to take appropriate corrective action) and (A)(3), namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner). 2. The credible evidence of record failed to support a finding that the Respondent violated the charged provisions of A.R.S. § 32-1154 (A)(13), NAMELY A.R.S. § 32-1158.

RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked. 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, September 30, 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 ___________________________ -----------------------

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