ALJDEC decisions subject to certification as final

10F-0273-ROC · Registrar of Contractors · 2010-06-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 1, 2010 APPEARANCES: Jan C. Aynes appeared personally. M A C Homes Construction, L.L.C., doing business as MAC Homes, was represented by its authorized representative, Mason Cave. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. M A C Homes Construction, L.L.C., doing business as MAC Homes (“Respondent”), is the holder of License No. 246666, a Class KB-02 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On July 21, 2009, Jan C. Aynes (“Complainant”) filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondent involving a remodeling project at Complainant’s residence located at 1009 E. Manzanita Dr., Phoenix, Arizona. The Registrar designated Complainant’s Complaint as Case No. 10-0273. 3. In response to the filed Complaint, the Registrar’s assigned inspector, Mark Alyea, conducted a jobsite inspection at Complainant’s residence to view the Complaint items. As a result of that inspection, Inspector Alyea issued a Corrective Work Order dated August 26, 2009, the terms of which are incorporated herein by reference. 4. As a result of Complainant filing amended Complaint items, Inspector Alyea conducted a second jobsite inspection which resulted in the issuance of an Amended Corrective Work Order dated November 9, 2009, the terms of which are incorporated herein by reference. 5. The Registrar issued a Citation and Complaint in Case No. 10-0273 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (1), (2), (22), (23), (3), namely A.A.C. R4-9-108, and (13), specifically A.R.S. § 32-1158. 6. The Registrar forwarded Case No. 10-0273 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 7. The parties entered into a written Homeowner/Contractor Agreement dated May 4, 2009. 8. At hearing, Complainant failed to address the charged violation of Respondent’s Homeowner/Contractor Agreement failing to meet the requirements of A.R.S. § 32-1158. 9. At hearing, Inspector Alyea testified that the remedial work required to be performed in the Corrective Work Order and Amended Corrective Work Order was completed, as he observed during his prehearing jobsite inspection on May 21, 2010. 10. Any allegation contained in Complainant’s Complaint and amendment not specifically addressed in the above Findings of Fact is determined to either meet workmanship standards, to have been completed by another subcontractor at Complainant’s direction, or to lack sufficient evidence of record to support a finding of a statutory and/or regulatory violation committed by Respondent. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. The evidence of record does not support a conclusion that Respondent violated the provisions of A.R.S. § 32-1154(A) (1), (2), (22), (23), (3), namely A.A.C. R4-9-108, and (13), specifically A.R.S. § 32-1158. The Administrative Law Judge concludes that Complainant failed to sustain her burden of proving those violations. RECOMMENDED ORDER The Citation and Complaint in Case No. 10-0273 shall be dismissed on the effective date of the Order entered in this matter. 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 will be 40 days from the date of that certification. Done this day, June 7, 2010.

/s/ Brian Brendan Tully 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