ALJDEC decisions subject to certification as final

2008A-42977707-ROC · Registrar of Contractors · 2010-07-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 7, 2010 at 1:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

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

FINDINGS OF FACT

1. The Respondent’s Class C-30 License has been voluntarily canceled by the Respondent. 2. This is a residential matter where the parties entered into a construction agreement wherein the Respondent contracted to design, build, deliver and install bathroom vanities in the Complainant’s residence for the total sum of $5,797.02. 3. Pursuant to the terms of the parties’ written agreement, the Complainant paid the Respondent $5,097.02 for the design and build portion of the contract. 4. When the Respondent failed to deliver and install the agreed upon cabinetry, the Complainant discovered that the Respondent had failed to pay the manufacturer for the construction of the cabinetry and that the manufacturer refused to construct the cabinetry unless the Respondent paid the manufacturer in cash. 5. The Complainant then demanded that the Respondent return the money that the Complainant had paid the Respondent. 6. When the Respondent failed to comply with the Complainant’s demand that the Respondent return the $5,097.02 to him, the Complainant filed a formal complaint against the Respondent with the Registrar of Contractors. 7. Undisputed credible testimony and evidence established that the Respondent performed no work and that the Complainant received no value for the $5,097.02 that the Complainant paid the Respondent. 8. Undisputed credible testimony and evidence established that the Respondent abandoned the construction project and refused to perform the agreed upon construction work after receiving $5,097.02 from the Complainant. 9. The Respondent’s actions, in accepting money from the Complainant and then abandoning the construction project and refusing to return the Complainant’s money to the Complainant, are found to constitute a wrongful act. 10. Undisputed credible testimony and evidence established that the Respondent violated the charged provisions of A.R.S. § 32-1154A (13), namely, A.R.S. § 32-1124B. 11. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW

1. Undisputed credible testimony and evidence supported findings that establish violations by the Respondent of the charged provisions A.R.S. § 32-1154: A (1) (Abandonment); A (7) (Wrongful Act); and A (13), namely, A.R.S. § 32-1124B.

RECOMMENDed order on rehearing

In view of the foregoing, it is recommended that the Respondent’s Class C-30 License be revoked on the effective date of this Order. 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, July 7, 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