ALJDEC decisions subject to certification as final

09F-6185-ROC · Registrar of Contractors · 2009-12-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 16, 2009 at 8:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Lindsay Ellis. The Respondent failed to appear. 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 K-48 License was suspended for nonrenewal on July 1, 2009. 2. The Respondent performed tile work on a new residence being constructed by the Complainant in the Complainant’s capacity as a general contractor. 3. The home owner was dissatisfied with the Respondent’s tile work and filed a complaint against the general contractor with the Registrar of Contractors. 4. A Corrective Work Order was then issued directing the general contractor (The Complainant herein) to correct the Respondent’s poor tile work. 5. The Complainant then demanded that the Respondent perform corrective action on the tile work in the residence at issue. 6. When the Respondent refused to comply with the Complainant’s demand the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 7. Undisputed credible testimony and evidence established that the Respondent’s tile work failed to comply with applicable workmanship and industry standards. 8. There was no dispute that the Respondent refused to correct his unsatisfactory tile work. 9. When the Respondent refused to return to the residence and properly correct his deficient tile work the Complainant retained an alternative licensed contractor to perform the required corrective work. No further corrective action is required. 10. The Complainant’s actions, in causing an alternative contractor to properly correct the Respondent’s deficient tile work after the Respondent refused to perform corrective work on the residence and filing the complaint at issue, are found to be reasonable and justified under the circumstances. No further corrective work on the tile at issue is required. 11. The Respondent’s actions, in failing to perform his work in a professional and workmanlike manner and in refusing to return to the construction project and perform needed corrective action, are found to constitute a wrongful act.. 12. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. Undisputed credible testimony and evidence established violations by the Respondent of the charged provisions of A.R.S. § 32-1154 (A)(7) (Wrongful Act), (23) and (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 that the Respondent’s Class K-48 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, December 16, 2009.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826