ALJDEC decisions subject to certification as final

2009A-2119600-ROC · Registrar of Contractors · 2010-05-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 26, 2010 at 8:00 a.m. APPEARANCES: The Complainant appeared on her 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 are made:

FINDINGS OF FACT 1. The Respondent’s Class K-09.195636 License has been revoked by the Registrar in Case Nos. Y08-0110 and Y09-0130. 2. This is a residential matter where the Respondent performed concrete work at the Complainant’s residence. 3. The Complainant was dissatisfied with the appearance of her new concrete and with the Respondent’s failure to correct to return to her residence and properly correct its work despite her repeated requests that the Respondent do so. 4. When the Respondent refused to perform any corrective action on the new concrete work, the Complainant 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 work on the Complainant’s residence. 6. Undisputed credible testimony and evidence established that the Respondent failed to comply with the terms of the Corrective Work Order. 7. Undisputed credible testimony and evidence established that the concrete installed by the Respondent displays unacceptable cracking, chipping and peeling, and that most, if not all, of the new concrete requires proper removal and replacement. 8. Undisputed credible testimony and evidence established that the Respondent’s actions over a prolonged period of time are not indicative of a good faith desire to resolve this matter by complying with the terms and conditions of the Corrective Work Order issued in this matter. On the contrary, credible evidence of record establishes that the Respondent has repeatedly failed to properly accomplish compliance with the terms of the Corrective Work Order and that the Respondent’s efforts appear to have been directed to delay and excuse, rather than to achieve, compliance with the terms of the Corrective Work Order. 9. Notice is taken of the Respondent’s poor 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 of A.R.S. § 32-1154: 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 that the Respondent’s Class K-09.195636 License be revoked.. In addition to the aforementioned penalty, it is further recommended 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, May 26, 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