ALJDEC decisions subject to certification as final

09F-T0122-ROC · Registrar of Contractors · 2009-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2009; 9:00 a.m. APPEARANCES: Complainant Mr. Michael Westphall represented himself. Respondent Craig Morton Custom Homes, LLC was represented by Mr. Craig Morton, owner. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Complainants Mr. Michael and Ms. Tamara Westphall purchased their new home that was built by Respondent Craig Morton Custom Homes, LLC in 2006. 2. There were a number of defects in the construction and Complainants filed the instant Complaint with the Registrar of Contractors to complain of them. 3. The Complaint was assigned to Registrar of Contractors Inspector Frank Grochocki who conducted a job site inspection and issued a written Corrective work Order (CWO) dated September 5, 2008. The CWO directed Respondent to appropriately correct the leaking cistern, the roof leaks and the bubbling paint and loose drywall tape in the ceiling. The CWO allowed Respondent 15 calendar days to make the corrections, which was a reasonable amount of time. 4. Respondent failed to return and perform any of the corrective work ordered by the Inspector in his CWO. Complainant requested an administrative hearing, and the Registrar issued a Citation and Complaint. 5. Complainant Mr. Michael J. Westphall and Respondent’s owner Mr. Craig Morton appeared and testified at the administrative hearing, as did Inspector Grochocki. The undisputed evidence proved that the three defects listed in the CWO do exist and have never been corrected by the Respondent. 6. Mr. Morton admitted the existence of the defects, but testified that he has had health problems and marital difficulties and has no money to make the corrections. 7. Notice is taken of Respondent’s prior license record with the Arizona Registrar of Contractors which reveals that Respondent’s license is currently suspended for nonrenewal. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. § 32-1156 and A.R.S. § 41-1092. 2. Respondent is charged in the instant Citation and Complaint with possible violations of A.R.S. § 32-1154.A.7, 23 and 3 (namely, A.A.C. R4-9-108, Workmanship Standards). 3. The undisputed evidence proved that Respondent’s workmanship on Complainants’ home was below industry and agency workmanship standards in violation of A.A.C. R4-9-108, and therefore in violation of A.R.S. § 32-1154.A.3. 4. The evidence also proved that Respondent violated A.R.S. § 32- 1154.A.23 by failing to make appropriate corrections to the workmanship defects in Complainants’ home as ordered by Inspector Grochocki in his CWO, without valid justification. 5. There is no evidence of any wrongful or fraudulent act by the Respondent in the facts of this case in violation of A.R.S. § 32- 1154.A.7 independent of the other violations already concluded to have occurred.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class B- License number 159965 be revoked on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Direct or of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, July 29, 2009.

______________________________________ Grant Winston 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