ALJDEC decisions subject to certification as final

09F-P0197-ROC · Registrar of Contractors · 2009-08-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 28, 2009 at 10:30 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Joseph Brewer. 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. There was no dispute that the constructed a custom log railing for a residence constructed by the Respondent in the Respondent’s capacity as a general contractor. 2. There was no dispute that the Complainant completed all of the specified construction work and that the Respondent agreed to pay the Complainant for its construction work. 3. Undisputed credible testimony and evidence established that the sum of $6,804.00 is the proper balance due and owing to the Complainant from the Respondent. 4. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $6,804.00 remains unpaid. 5. The Respondent ‘s failure to pay the aforementioned sum to the Complainant is not found to be in good faith. Accordingly under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provisions of the State’s Contracting Laws. 6. The Respondent’s actions, in failing to pay the Complainant despite repeated agreements to do so, are found to constitute a wrongful act. 7. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The Respondent violated the charged provisions of A.R.S. § 32- 1154 (A)(7) (Wrongful Act) and (A)(11) (Failure to pay monies when due). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class KB-02 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, August 28, 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