ALJDEC decisions subject to certification as final

2010A-28913824-ROC · Registrar of Contractors · 2011-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 23, 2011 APPEARANCES: Brian Lau appeared personally. Quality Custom Iron Work, L.L.C. was represented by its authorized representative, Ruben A. Montes. 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. Quality Custom Iron Work, L.L.C. (“Respondent”) is the holder of License No. 250370, a Class K-24 contracting license issued by the Registrar of Contractors (“Registrar”). 2. In 2008, Brian Lau (“Complainant”) hired Respondent to manufacture and install metal and glass doors at his residence in Fountain Hills, Arizona. 3. On March 1, 2010, Complainant filed a written Complaint with the Registrar alleging workmanship deficiencies by Respondent on the subject project. The Registrar initially designated the Complaint as Case No. 10-2891, but later re-designated it as Case No. 2010- 28913824. 4. As a result of the Complaint, the Registrar’s assigned inspector, Randy Cason, performed a jobsite inspection on March 23, 2010, to view the complaint items. 5. As a result of his jobsite inspection, Inspector Cason issued a Corrective Work Order that directed Respondent to timely perform remedial repairs to its deficient workmanship in the entry door, guest bedroom, master bedroom and wine room door. 6. The Registrar issued a Citation and Complaint in Case No. 2010- 28913824 charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, (15), and (23). 7. The Registrar forwarded Case No. 2010-28913824 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. On February 22, 2011, Inspector Cason performed a pre-hearing jobsite inspection. At the hearing, Inspector Cason testified that Respondent addressed the Corrective Work Order, but that there is still water coming through the glass inserts of the entry door, guest bedroom door, and master bedroom door. 9. At the pre-hearing jobsite inspection, Inspector Cason also inspected the wine room door. The cooling unit had not been attached to the room. Inspector Cason inspected the weather stripping and determined that it properly sealed the door. 10. Because Complainant served as the owner/builder for the project, Inspector Cason determined that Respondent was not responsible for the lower gasket missing on the active front door due to other trades using the door. However, Inspector Cason found Respondent responsible for the visible gap in the stationary portion of the entry door. 11. There was no evidence presented to establish that Respondent contracted in a name other than the one appearing on its license. On the contrary, there was documentary evidence showing a Contract Proposal which properly listed Respondent’s name and contracting license number. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant bears the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, and (23), as charged in the Citation and Complaint issued by the Registrar. A matter in mitigation is Respondent’s attempt to comply with the Corrective Work Order. The evidence of record does not support a conclusion that Respondent violated the provisions of A.R.S. § 32-1154(A) (15), as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER Respondent’s License No. 250370 shall be suspended on the effective date of the Order entered in Case No. 2010-28913824 until the Registrar receives written proof, and the Registrar approves such proof, that Respondent has performed remedial work to the items described in the above Findings of Fact Nos. 8 and 10 in a workmanlike manner. If the Registrar receives written proof that Respondent has performed remedial work to the items described in the above Findings of Fact Nos. 8 and 10 in a workmanlike manner on or before the effective date of the Order entered in Case No. 2010-28913824, and the Registrar approves proof of such compliance, then the above-provided license suspension shall not take place. In addition to the above-provided license suspension, if any, Respondent shall pay the sum of $250.00 to the Registrar by way of a civil penalty pursuant to A.R.S. § 32-1154(D). 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 Case No. 2010-28913824 shall result in the automatic revocation of Respondent’s contracting 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. § 32-1101(A), unless payment of any outstanding prior civil penalty is tendered. 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, March 16, 2011.

/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