ALJDEC decisions subject to certification as final

10F-0251-ROC · Registrar of Contractors · 2010-03-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 2010 at 1:00 p.m. APPEARANCES: The Complainants appeared through Florence Luckey. The Respondent appeared through its authorized representative, Tom Bohner. 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 is the holder of a Class K-05 License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent installed a solar hot water system in the Complainants’ residence. 3. There was no dispute that the local building authority inspected the Respondent’s construction work and found that the installation of the solar hot water system failed to comply with applicable requirements and issued a “red tag” requiring the Respondent to correct the installation of the solar hot water system. 4. The Complainants were extremely dissatisfied with the Respondent’s construction work and filed a complaint against the Respondent with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. There was no dispute that the Respondent did perform corrective work at the Complainant’s residence. 7. The Complainants assert that they are still dissatisfied with the installation of the solar hot water system and assert that the installation of the hot water system can not be corrected to their satisfaction and assert that they should be entitled to the return of the money that they have paid the Respondent for the solar hot water system and its installation. 8. Credible testimony and evidence established that the local building authority has re-inspected the Respondent’s work and that the local building authority has found that the installation of the solar hot water system installed in the Complainants’ residence now complies with applicable requirements and that the local building authority has issued a “green tag” accepting the installation of the solar hot water system. 9. The assigned Agency Inspector testified that he performed a prehearing inspection and found that the Respondent had complied with the terms and conditions of the Corrective Work Order and that the installation of the solar hot water system now complies with applicable workmanship and industry standards. CONCLUSIONS OF LAW 1. Credible testimony and evidence supported findings that establish that the Respondent has complied with the terms and conditions of the Corrective Work Order issued in this matter and that the Respondent’s construction work now complies with applicable workmanship and industry standards.

RECOMMENDed order In view of the foregoing, it is recommended that this matter be dismissed. 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, March 1, 2010.

/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