ALJDEC decisions subject to certification as final

10F-2110W-ROC · Registrar of Contractors · 2010-05-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 11, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondents appeared through their authorized representative, James Keith Hefner. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Orders are made:

FINDINGS OF FACT

1. The Class C-39R License of Respondent Sierra International Inc. dba Sierra Air Conditioning and Heating (Corp) was revoked on August 10, 2009. 2. The Class C-11 License of Respondent Sierra International Inc. was revoked on February 5, 2010. 3. This is a residential matter where the Respondents installed a new HVAC system on the Complainant’s residence. 4. Credible testimony and evidence, presented at hearing, established that the Complainant experienced problems with the new HVAC system and attempted to contact the Respondents. 5. There was no dispute that the Respondents had gone out of business and were no longer performing contracting work at that time. 6. When the Complainant was unable to contact the Respondents the Complainant contacted a licensed HVAC contractor to correct the problems with the new HVAC system. 7. The alternative HVAC contractor inspected the problems with the new HVAC system and informed the Complainant that the problems with his electrical system would have to be corrected before the HVAC system could be properly corrected. 8. The Complainant the retained a licensed electrician to properly correct the electrical problems at the Complainant’s residence. 9. The alternative HVAC contractor then corrected the failed compressor for the new HVAC system. 10. Credible testimony and evidence established that the Complainant paid a properly licensed HVAC contractor $689.27 for its work on the compressor for the new HVAC system. 11. Credible testimony and evidence established that the Complainant paid a properly licensed electrical contractor $1,175.01 for the electrical contractor’s work on the Complainant’s electrical system. 12. Credible testimony and evidence, presented at hearing, established that the Respondents knew of the problem with the Complainant’s electrical system and had represented to the Complainant that the problem with the electrical system had been fully corrected by the Respondents when the new HVAC system was installed. 13. The Respondents are found to be fully responsible for the cost of the correction of the Complainant’s HVAC compressor and the proper correction of the Complainant’s electrical system. 14. The Complainant’s actions, in causing properly licensed contractors to correct the new HVAC system and the Complainant’s electrical system, were shown to be reasonable and necessary under the circumstances. 15. The $1,175.01 charged by the electrical contractor to properly correct the Complainant’s electrical system was shown to be a reasonable and justified charge for such work. 16. The $689.27 charged by the HVAC contractor to properly correct the failed compressor was shown to be a reasonable and justified charge for such work. 17. Credible testimony and evidence established that the Respondents’ failure to perform their work in a professional and workmanlike manner led to the failure of the compressor for the new HVAC system. 18. Notice is taken of the Respondents’ prior License records with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondents of the provisions of A.R.S. § 32-1154A(1) (Abandonment) and A(3); NAMELY, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDed orders

1. In view of the foregoing, it is recommended that the Class C-39R License of Respondent Sierra International Inc. dba Sierra Air Conditioning and Heating Corp. be revoked. 2. In view of the foregoing, it is recommended that the Class C-11 License of Respondent Sierra International Inc. 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 these Orders will be 40 days from the date of the certification.

Done this day, May 12, 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