ALJDEC decisions subject to certification as final

2010A-26824837-ROC · Registrar of Contractors · 2010-08-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2010 APPEARANCES: Diana Ruffing appeared personally. R and M Foam Roofing, L.L.C. did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. R and M Foam Roofing, L.L.C. (“Respondent”) is the holder of License No. 220277, a Class C-42R contracting license issued by the Registrar of Contractors (“Registrar”). 2. On February 8, 2010, Diana Ruffing filed a written Complaint with the Registrar alleging deficient workmanship by Respondent on a foam roof repair at Complainant’s residence located at 1750 S. 74th Place, Phoenix, Arizona. The Registrar initially designated Complainant’s Complaint as Case No. 10-2682, but later re-designated it as Case No. 2010-26824837. 3. The Registrar issued a Citation and Complaint in Case No. 2010- 26824837 charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108. 4. The Registrar forwarded Case No. 2010-26824837 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2010-26824837, which advised the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. The commencement of the hearing was delayed 15 minutes to allow for the appearance of Respondent’s authorized representative. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. Complainant and Respondent entered into a written contract dated June 27, 2008, which was accepted by Complainant on July 4, 2008. 8. Complainant hired Respondent to repair a portion of her foam roof on her manufactured house. 9. Complainant paid Respondent the full contract price of $1,654.44. 10. After Respondent performed its scope of work, Complainant discovered missing areas of elastomeric paint where Respondent performed work, areas of ponding water, and numerous of leaks in Respondent’s repair work. 11. Complainant requested that Respondent perform warranty work to correct its deficient workmanship, but Respondent did not remediate the deficiencies. 12. A review of the Registrar’s electronic records reveals that Respondent’s contracting license was suspended until Respondent complies with the Registrar’s Order in Case No. 08-4852, and revoked in Case No. 08-4852 for Respondent’s failure to pay a $500.00 civil penalty. The records also reveal that Respondent’s contracting license was renewed through May 31, 2010. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the revocation, suspension, or expiration of Respondent’s contracting license does not deprive the Registrar of the authority to impose discipline on Respondent’s contracting license for proven statutory and regulatory violations in this matter. 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, as charged in the Citation and Complaint issued by the Registrar. The evidence of record supports this conclusion. RECOMMENDED ORDER Respondent’s License No. 220277 shall be revoked on the effective date of the Order entered in Case No. 2010-26824837. In the event of certification of the 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 that certification.

Done this day, August 4, 2010.

/s/ Brian Brendan Tully 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