ALJDEC decisions subject to certification as final

2010A-308472188-ROC · Registrar of Contractors · 2010-11-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 15, 2010 at 1:00 p.m. APPEARANCES: The Complainants appeared through Michael Nix. The Respondent appeared through its authorized representative, Cara Lynn Knapp. 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 is the holder of a Class KA-6 License (No. 251521) issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent installed a new swimming pool pump at the Complainants’ residence. 3. Credible testimony and evidence established that the new swimming pool pump failed to operate properly and that the Complainants notified the Respondent of the problem with the pump. 4. The Respondent then returned to the Complainants’ residence and unsuccessfully attempted to correct the problem with the wiring to the new swimming pool pump. 5. When the Respondent was unable to resolve the problem with the swimming pool pump the Complainants retained a licensed electrical contractor to examine the electrical wiring on the swimming pool pump. 6. The licensed electrical contractor found that the Respondent had improperly wired the new swimming pool pump. 7. Credible testimony and evidence, presented at hearing, established that the electrical wiring performed by the Respondent failed to comply with applicable code requirements and that the improperly installed wiring constituted a health and safety danger. 8. The Complainants then caused the licensed electrical contractor to properly correct the wiring problems with the swimming pool pump at a total cost of $371.48 for labor and materials. 9. Credible testimony and evidence established that the Complainants paid the electrical contractor in full for its work on their swimming pool pump. 10. The Complainants then contacted the Respondent again and expressed their very pronounced dissatisfaction with the Respondent’s workmanship and demanded that the Respondent reimburse them for their expenses of correcting the Respondent’s electrical wiring on the swimming pool pump. 11. When the Respondent refused to comply with the Complainants’ demand for restitution the Complainants filed a formal Complaint against the Respondent with the Registrar of Contractors. 12. Credible testimony and evidence established that the Complainants’ actions, in retaining a licensed electrical contractor to properly correct the electrical wiring to their swimming pool pump and eliminate the health and safety danger caused by the improper wiring performed by the Respondent, were reasonable and fully justified under the circumstances. 13. Credible testimony and evidence established that the electrical contractor’s charge of $371.48 for labor and materials for finding and correcting the problems with the wiring to the Complainants’ swimming pool pump was reasonable and justified under the circumstances. 14. Credible testimony and evidence established that the Respondent failed to properly comply with Arizona contracting licensing laws regarding the display of the Respondent’s License number. 15. Notice is taken of the Respondent’s excellent prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. Credible testimony and evidence supported findings which establish violations by the Respondent of the charged provisions of A.R.S. § 32- 1154 (A) (2) (Departure from or disregard of any building codes), A.R.S. § 32-1154 (A) (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner), and A.R.S. § 32-1154 (A) (13); namely, A.R.S. § 32-1124 (B). 2. A.R.S. § 32-1156.01 Restitution provides as follows: After a hearing pursuant to this article, an administrative law judge may recommend that a licensee provide restitution to any person who is injured or whose property is damaged by an action of the licensee. RECOMMENDed order In view of the foregoing, it is recommended commencing on the effective date of the Registrar’s Order that the Respondent’s License be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has, as restitution, paid the Complainants the sum of $371.48. It is further recommended that if the Respondent properly accomplishes the above described restitutionary action, on or before the effective date of this Order, then the above provided License suspension shall not take place and that this matter be closed. It is further recommended that the Respondent be admonished that it must fully comply with the provisions of A.R.S. § 32-1124B (Proper Display of License). 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, November 19, 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