ALJDEC decisions subject to certification as final

09F-H0271-ROC · Registrar of Contractors · 2009-11-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 17, 2009 at 1:15 p.m. APPEARANCES: The Complainants appeared through Charles Kaiser. 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 is the holder of a Class B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed construction work on the Complainants’ art studio. 3. The Complainants were dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to return to their residence and properly correct his work despite repeated their requests that he do so. 4. When the Respondent failed to comply with the Complainants’ repeated requests the Complainants 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 conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. Undisputed credible testimony and evidence established that the Respondent failed to comply with the terms and conditions of the written Corrective Work Order. 7. When the Respondent failed to respond to the Corrective Work Order the Complainants retained alternative licensed contractors who completed the work set forth in the Corrective Work Order at a total cost of $7,689.48. 8. Undisputed credible testimony and evidence established that the Complainants’ actions, in causing alternative contractors to properly complete and correct the deficient construction on the art studio, were reasonable and justified under the circumstances. 9. The Respondent’s actions, in failing to perform his work in a professional and workmanlike manner and in abandoning the construction project leaving the Complainants’ with a leaking structure and in failing to comply with the terms and conditions of a Corrective Work Order, are found to constitute a wrongful act. 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)(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).

RECOMMENDed order In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked. It is further recommended, in addition to the above-provided penalties, if any, that Respondent pay the sum of $500.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32- 1154D. The failure by Respondent to pay the entire amount of the aforesaid civil penalty, on or before 30 days following the effective date of the Order entered in this matter, shall result in the automatic revocation of Respondent’s contractor’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. §32-1101A(5), unless payment of any outstanding prior civil penalty is tendered. 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, November 17, 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