ALJDEC decisions subject to certification as final

09F-T0213-ROC · Registrar of Contractors · 2009-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 2009; 9:00 a.m. APPEARANCES: Complainant Ms. Gail Bornfield represented herself. Respondent Mr. David Phillip Ramirez doing business as El Pueblo Roofing Company represented himself. 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. This is a residential matter where the Complainant Ms. Gail Bornfield filed this Complaint against Respondent Mr. David Phillip Ramirez doing business as El Pueblo Roofing Company alleging damages done to her property while Respondent’s crew was doing roofing work on her Tucson, Arizona residence in 2008. 2. Complainant stipulates that the roofing job was satisfactory, but in the performance of it, the Respondent’s crew damaged her cooler, air conditioner/heater unit, water heater, and various connections for those units. She seeks restitution in the amount of $2,193.23, allegedly the cost of repairs done by other contractors. 3. Complainant notified Respondent’s office about the allegations soon after the work was performed. Respondent and/or Respondent’s employees asked for an appointment to inspect the job site to ascertain what damages, if any, they had caused. Complainant testified that she gave ample opportunity to the Respondent or his employees to inspect before hiring other contractors to make corrections. Respondent’s employees testified that they were never given any opportunity to inspect for alleged damages, let alone and opportunity to have them corrected themselves, before Complainant had others do work on the items mentioned in the Complaint. 4. Complainant produced invoices for described work she had done by others, but they do not prove that any damage was done by Respondent. 5. It appears from the greater weight of credible evidence that no reasonable opportunity was given the Respondent to inspect and possibly make any repairs for which he was responsible. In fact, Complainant had the work done by others even before filing this Complaint, so the record is without even the benefit of an independent, disinterested inspection by a Registrar of Contractors Inspector who could have possibly verified any damages. 6. In sum, Complainant contends that damages were done by Respondent. Respondent denies damages, and maintains that some of the work was clearly regular maintenance, and even if they had damaged Complainants’ property in some way, they were never given any reasonable opportunity to inspect and make appropriate repairs. Given this record it cannot be found by a greater weight of evidence that Complainant has proved her case. 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.1, 7 and 3 (namely, A.A.C. R4-9-108, Workmanship Standards). 3. Complainant has brought this Complaint and therefore must carry the burden of proof. A.A.C. R2-19-119. 4. There is less than a preponderance of evidence to support the allegations made in the Complaint.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint T09-0213, together with the Complaint on which it is based, be dismissed no 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 Director 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, August 13, 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 ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, AZ 85701 520-628-5488 Fax: 520-628-5575 www.azoah.com