ALJDEC decisions subject to certification as final

2010A-24423743-ROC · Registrar of Contractors · 2010-12-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 13, 2010 at 8:15 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Arleon Herrera. 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 The Respondent’s Class KA-5 (No. 202697) License was revoked on December 8, 2010. 2. There was no dispute that pursuant to the parties’ construction agreement, the Complainant performed specified pool plastering work on several swimming pool projects wherein the Respondent was acting in the capacity of a general swimming pool contractor. 3. Undisputed credible testimony and evidence established that the Complainant properly completed all of the agreed upon swimming pool plastering work including all authorized extras and/or change orders. 4. Undisputed credible testimony and evidence established that the sum of $1,700.00 is the proper balance due and owing to the Complainant from the Respondent for the completed swimming pool plastering work. 5. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $1,700.00 remains unpaid. 6. There was no dispute that the Respondent failed to comply with the applicable provisions of A.R.S. § 32-1124 (B) (Display of license). 7. The Respondent‘s failure to pay the aforementioned sum of $1,700.00 to the Complainant is not found to be in good faith and accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provisions of the state’s contracting laws. CONCLUSIONS OF LAW 1. The Respondent violated the charged provisions of A.R.S. §32-1154 (A) (11) (Failure to pay monies in excess of $750.00 when due for materials or services rendered in connection with the licensee’s operations as a licensed contractor) and A.R.S. § 32-1154 (A) (13), Namely A.R.S. § 32-1124 (B) (Display of license). RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s License be revoked on the effective date of this Order for Revocation. 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, December 13, 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