ALJDEC decisions subject to certification as final

2010A-308471477-ROC · Registrar of Contractors · 2010-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 22, 2010 APPEARANCES: Sandi Wolf appeared personally. Steven Junior Edwards, doing business as 3 Way Roofing Systems, 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. Steven Junior Edwards, doing business as 3 Way Roofing Systems (“Respondent”), is the holder of License No. 157357, a Class K-42 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On March 17, 2010, Sandi Wolf (“Complainant”) filed a written Complaint with the Registrar alleging deficient roofing work performed by Respondent at Complainant’s Tempe residence. The Registrar designated Complainant’s Complaint as Case No. 2010-[number redacted]. 3. The Registrar issued a Citation and Complaint in Case No. 2010- [number redacted] charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (2), (3), namely A.A.C. R4-9-108, (13), specifically A.R.S. § 32-1124(B), and (23). 4. The Registrar forwarded Case No. 2010-[number redacted] 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-[number redacted] that 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 scheduled hearing was delayed 15 minutes to allow for the late arrival of Respondent or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. Respondent submitted a written proposal dated August 5, 2008, to Complainant and her husband for the roof repair work to their residence. 8. Respondent’s written proposal was accepted in writing by Mr. Wolf on August 8, 2008. The proposal did not list Respondent’s contracting license number with the prefix “ROC” as required by statute. 9. In response to the filed Complaint, the Registrar’s then-assigned inspector, Beau Cruz, performed a jobsite inspection at Complainant’s residence to view the Complaint items. 10. After completing his jobsite inspection, Inspector Cruz issued a Corrective Work Order dated March 30, 2010, that directed Respondent to timely perform the following remedial work: The contractor is to correct the following by the appropriate means

Complaint 1) Roofing on garage and bedroom is cracking and peeling up. It was not installed correctly: Peeling and cracking and delaminating of top cold pressed surface of cold applied rolled roofing surface on top of garage and rear bedroom area.

Contractor is to complete the following as per contract

Complaint 2) Small roof deck at corner was not completed per contract: Tear off existing foam roof system on deck corner, and build small roof deck of approx. size 3/4’ square as per contract.

11. Inspector Jim Dimond was subsequently assigned to this case. 12. On November 19, 2010, Inspector Dimond performed a jobsite inspection at Complainant’s residence to view the conditions described in the Corrective Work Order. 13. Inspector Dimond testified at the hearing that Complaint item Nos. 1 and 2 had not been repaired by Respondent as required by the Corrective Work Order. Inspector Dimond opined that the repairs were still necessary. 14. Complainant presented evidence that Respondent is no longer in business. 15. A review of the Registrar’s official electronic records reveals that Respondent’s contracting license was suspended by operation of law for non-renewal on August 1, 2010. As a result of that suspension, Respondent is not permitted to perform any contracting, including the remedial repairs required to be performed by the Corrective Work Order. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. Pursuant to A.R.S. § 32-1154(C), the suspension of Respondent’s contracting license for non-renewal does not deprive the Registrar to impose discipline upon Respondent’s contracting license for proved statutory and/or regulatory violations in this matter. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (2), (3), namely A.A.C. R4-9-108, (13), specifically A.R.S. § 32-1124(B), and (13). The evidence of record supports this conclusion. RECOMMENDED ORDER Respondent’s License No. 157357 shall be revoked on the effective date of the Order entered in Case No. 2010-[number redacted]. In addition to the above-provided license revocation, Respondent shall pay the sum of $500.00 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-[number redacted] 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) (5), 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, December 10, 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