ALJDEC decisions subject to certification as final

09F-P0021-ROC · Registrar of Contractors · 2009-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 22, 2009 at 1:30 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Matthew McCormick. ADMINISTRATIVE LAW JUDGE: M. Douglas

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 C-37R license issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed plumbing work on Complainant’s residence. . 3. The Complainant was dissatisfied with the Respondent’s workmanship and notified the Respondent of his dissatisfaction. 4. The Respondent then obtained a restraining order against the Complainant based upon the allegation that the Complainant had threatened Mr. McCormick’s life. 5. The Complainant then 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 perform designated corrective work on the Complainant’s residence. 7. The Respondent was precluded from going to the Complainant’s residence by the terms of the restraining order that the Respondent had obtained against the Complainant. 8. Credible testimony and evidence established that the Respondent’s plumbing work requires proper corrective action to bring the work to within applicable industry and workmanship standards. 9. Although the Registrar of Contractors normally allows a contractor a reasonable opportunity to correct its own construction deficiencies and errors subsequent to hearing, under all of the salient facts and circumstances presented herein particularly in view of the very obvious animosity between these parties, as evidenced by the restraining order, no personal interaction between these parties should be required. Thus, any condition placed into this Order for the purpose of allowing the Respondent to accomplish corrective work as a means to reduce or eliminate otherwise appropriate disciplinary penalties should include the requirement that the Respondent cause another properly licensed contractor to complete the project. 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 that the Respondent’s Class C-37 License shall be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has caused a properly licensed contractor to comply with the terms and conditions of the written Corrective Work Order issued in this matter. It is further recommended that if the Respondent causes the proper accomplishment of 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 that 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, July 7, 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 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826