ALJDEC decisions subject to certification as final

2010A-18997040-ROC · Registrar of Contractors · 2010-06-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 30, 2010 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 Respondent’s Class B- License was voluntarily canceled by the Respondent on November 3, 2009. 2. This is a residential matter where the Respondent constructed a new residence for the Complainant. 3. The Complainant was dissatisfied with the Respondent’s workmanship and with the Respondent’s failure to correct its work to within applicable workmanship and industry standards despite the Complainant’s repeated requests that it do so. 4. When the Respondent failed to comply with the Complainant’s repeated requests, 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 lengthy written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s residence. 6. The Corrective Work Order provides, in pertinent part, as follows: License # 212158 issued to Pinnacle Point Homes, LTD was canceled on November 3, 2009 and cannot do nor subcontract the recommended corrective work listed in this directive. The only available remedy under this license status, if appropriate would be financial settlement. 7. Undisputed credible testimony and evidence established that the Respondent did not respond to the Corrective Work Order and that the defective workmanship items listed in the Corrective Work Order have not been resolved and that the conditions of the defective workmanship items have continued to deteriorate. 8. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW

1. Undisputed credible testimony and evidence established violations by the Respondent Pinnacle Pointe Homes LTD., of the charged provisions of A.R.S. § 32-1154A (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 B- License shall be revoked on the effective date of this Order. It is further recommended, in addition to the above-provided penalties, if any, that the 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 the 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 the Respondent’s contractor’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with the 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, June 30, 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