ALJDEC decisions subject to certification as final

2009A-7100391-ROC · Registrar of Contractors · 2011-02-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 15, 2011 at 8:00 a.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 are made: FINDINGS OF FACT 1. The Complainant is found to be an “injured person” as defined by statute and is found to be entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Respondent’s acts or omissions. 2. The Respondent’s contracting license expired on October 1, 2010. Such expiration is determined to render this Respondent unable to remedy the violations of the state’s contracting laws which gave rise to the instant claim for damages. 3. Undisputed credible testimony and evidence established that the Respondent’s construction work at the Complainant’s residence had been found to have failed to comply with applicable industry and workmanship standards in ROC Case No. 08-2005. 4. Undisputed credible testimony and evidence established that the Respondent’s License was suspended until the Respondent complied with the terms of the Order issued in ROC Case No. 08-2005. 5. Undisputed credible testimony and evidence established that the Respondent failed to comply with the terms of the Order issued in ROC Case No. 08-2005. 6. Undisputed credible testimony and evidence established that the Complainant paid an alternative licensed contractor $1,600.00 to correct the Respondent’s poor workmanship in this matter. 7. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Complainant from the Contractors’ Recovery Fund, for the Complainant’s actual damages, is the sum of $1,600.00 representing the Complainant’s actual cost of correction in this matter. CONCLUSIONS OF LAW 1. A.R.S. 32-1132(A) provides, in pertinent part, as follows: The residential contractors’ recovery fund is established, to be administered by the registrar, from which any person injured by an act, representation, transaction or conduct of a residential contractor licensed pursuant to this chapter that is in violation of this chapter or the rules adopted pursuant to this chapter may be awarded in the county where the violation occurred an amount of not more than thirty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the contractor’s violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines. 2. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Complainant from the Contractors’ Recovery Fund pursuant to A.R.S. 32- 1154(E). 3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Complainant in the sum of $1,600.00 all of which shall be appropriately chargeable against the Respondent and/or persons on the Respondent’s license as set forth in A.R.S. 32-1139(B) RECOMMENDed order In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Complainant in the total amount of $1,600.00 for damages. 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, February 15, 2011.

/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