ALJDEC decisions subject to certification as final

09F-S0244-ROC · Registrar of Contractors · 2009-12-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 2, 2009 at 8:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. 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 The Respondent’s Class K-05 License was revoked on September 4, 2009. 2. The Complainant paid the Respondent the sum of $5,155.28 for the fabrication and installation of a custom door. 3. When the Respondent failed to deliver and install the agreed upon custom door the Complainant demanded his money back. 4. When the Respondent failed to comply with the Complainant’s demand that the Respondent complete and install the agreed upon custom door or return his money the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 5. Undisputed credible testimony and evidence established that the Complainant paid the Respondent the sum of $5,155.28 for the fabrication and installation of a custom door. 6. Undisputed credible testimony and evidence established that the Respondent abandoned and refused to perform the construction project and refused to return the Complainant’s money to him. 7. The Respondent’s actions, in entering into a construction agreement with the Complainant and accepting $5,155.28 from the Complainant for the fabrication and installation of custom door and then abandoning the construction project and refusing to return the Complainant’s money to him, are found to constitute a wrongful act. 8. 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) and (A)(1) (Abandonment).

RECOMMENDed order

In view of the foregoing, it is recommended that the Respondent’s Class K-05 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 2, 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