ALJDEC decisions subject to certification as final

10F-T0203-ROC · Registrar of Contractors · 2010-04-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 28, 2010 at 1:00 p.m. APPEARANCES: The Complainants appeared through Beau Wilcox. The Respondent appeared through its authorized representative, Charles Radford. 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 B- License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed remodeling work on the Complainants’ residence. 3. The Complainants were dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct its work to their satisfaction despite their repeated demands that it do so. 4. When the Respondent failed to comply with the Complainants’ repeated demands the Complainants filed a formal 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 action on the Complainant’s residence. 6. Credible testimony and evidence established that the tile floor installed by the Respondent fails to comply with applicable workmanship and industry standards and requires proper correction. 7. Credible testimony and evidence established that the Respondent performed electrical work beyond the scope of its Class B- License and while the electrical work has now been inspected and approved by a licensed electrician no permit has been obtained. 8. Credible testimony and evidence established that the Respondent agreed to remove and replace the decorative cabinet doors. 9. When the Respondent failed to comply with its agreement to remove and replace the decorative cabinet doors the Complainants caused another licensed contractor to replace the decorative cabinet doors at a total cost of $1,274.45 for materials and labor. 10. Credible testimony and evidence established that the decorative cabinet doors that had been installed by the Respondent failed to comply with applicable workmanship standards and constituted a safety hazard. 11. Credible testimony and evidence established that the Complainants’ actions in causing the decorative cabinet doors to be removed and replaced prior to the administrative hearing were reasonable and justified under the circumstances. 12. Credible testimony and evidence established that the total cost of $1,274.45 for labor and materials for the replacement of the decorative cabinet doors was reasonable and justified under the circumstances. 13. Credible testimony and evidence established that the Respondent failed to comply with the terms of the Corrective Work Order. 14. The credible evidence of record is insufficient and fails to support a finding that the Respondent abandoned the construction project or refused to perform after submitting a bid. 15. Notice is taken of the Respondent’s prior good License record with the Registrar of Contractors. CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the charged provisions of A.R.S. § 32-1154A(2) (Departure from or disregard of building codes requiring that a permit be obtained for the electrical work performed), A(17) (Knowingly contracting beyond the scope of the license), A(23) (Failure to take appropriate corrective action) and A(3); NAMELY, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner).

RECOMMENDed order

In view of the foregoing, it is recommended commencing on the effective date of the Registrar’s order that the Respondent’s Class B- License shall be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has properly complied with the terms and conditions of the written Corrective Work Order issued in this matter and has paid restitution to the Complainants in the sum of $1,274.45 for the replacement of the decorative cabinet doors. It is further recommended that if the Respondent properly accomplishes the above described corrective action and restitution, on or before the effective date of this Order, then the above provided License suspension shall not take place and that this matter be closed. It is further recommended, in addition to the above-provided penalties, if any, that Respondent pay the sum of $500.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32- 1154D. The failure by Respondent to pay the entire amount of the aforesaid civil penalty, on or before 30 days following the effective date of the Order entered in this matter, shall result in the automatic revocation of Respondent’s contractor’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. §32-1101A(5), unless payment of any outstanding prior civil penalty is tendered. 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, April 29, 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