ALJDEC decisions subject to certification as final

09F-RF0248-ROC · Registrar of Contractors · 2009-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 6, 2009 APPEARANCES: Plaintiffs appeared through Co-Plaintiff, Christine Gray, and Defendant failed to appear. The Residential Contractors’ Recovery Fund (“Fund”) was not represented at the hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. At the outset of the scheduled hearing, the caption in the matter was amended to add Christine Gray, Bill Gray’s wife and co-owner of the property in question, as Co-Plaintiff.

2. Defendant’s contracting license has been previously suspended by final Order of the Registrar of Contractors. Such license suspension is determined to render this Defendant unable or unwilling to remedy the violation of the State’s contracting laws which gave rise to the instant claim for damages.

3. The Registrar of Contractors has received advance notification of the existence and amount of the above named Plaintiffs’ claim for an administrative payout from the Fund.

4. This hearing was convened following Defendant’s express request therefor, subsequent to his receipt of a Notice to Contractor of Claim for Administrative Payout.

5. Plaintiffs seek to recover the sum of $1,589.55 from the Fund.

6. The following salient facts were adduced at the hearing and are important to note: a. Plaintiffs retained Defendant to install a new wrought iron fence on their property. Within a very short period of time after the fence was installed by Defendant, it began to evidence significant rusting; b. Plaintiffs filed a Registrar of Contractors’ Complaint regarding the workmanship on the fence. The Registrar of Contractors issued a default Decision and Order finding that Respondent violated certain provisions of the State’s contracting laws. Defendant’s license was ultimately suspended for failing to comply with the conditions set forth in the Registrar of Contractors’ Decision and Order; c. Plaintiffs have hired other contractors to repair the fence. One contractor was paid the sum of $1,089.55 to repair the fence and another contractor was paid $500.00 to repaint the fence; d. After Plaintiffs submitted the instant claim for a payout from the Fund, the matter was assigned to one of the Registrar of Contractors’ inspectors. The inspector appeared at the instant hearing. He presented testimony regarding his findings; and e. The inspector indicated that he reviewed the case and the billings submitted by Plaintiffs and found the total cost of $1,589.55 to be reasonable to complete the repair of the wrought iron fence.

7. By its failure to appear for the scheduled hearing, Defendant failed to present any evidence to show that the $1,589.55 cost to repair the fence was not reasonable.

8. Based on the foregoing, it is adjudicated and determined that Plaintiffs should be awarded the sum of $1,589.55 to compensate them for the damages they sustained which are attributable to Defendant.

CONCLUSIONS OF LAW

1. Plaintiffs are determined to be injured persons as that term is defined in A.R.S. § 32-1131(3).

2. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to Plaintiffs from the Fund pursuant to A.R.S. § 32-1154(F).

3. The within record supports an award to Plaintiffs in the amount of $1,589.55, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S. § 32- 1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended on the effective date of the Order entered in this matter that the Registrar of Contractors shall commence and finalize payment procedures from the Residential Contractors’ Recovery Fund to Plaintiff in the amount of $1,589.55. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order in this matter will be forty (40) days from the date of that certification.

Done this day, May 11, 2009.

______________________________________ Mark A. Silver 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