ALJDEC decisions subject to certification as final

2010A-308472501-ROC-rf · Registrar of Contractors · 2011-12-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 22, 2011, at 1:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. 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 Notice of Claim for Administrative Payout provides, in pertinent part, as follows: The Complainant named above filed a claim for payment with the Residential Contractors’ Recovery Fund pursuant to A.R.S. § 32- 1154(F). After a review of the claim and all supporting documentation, the Fund has determined that Complainant is to be awarded $5,174.99 in the form of a payment issued by the Fund. This amount was calculated based upon the low bid from a licensed contractor to repair deficient work performed by Respondent, as set forth in the underlying disciplinary case. In accordance with A.R.S. § 32-1154(F), both Complainant and Respondent have fifteen (15) days from the date of mailing of this Notice or until October 29, 2011, to request an administrative hearing to contest the amount and/or propriety of the payment.

2. The Respondent then requested an administrative hearing. 3. There was no dispute that the Respondent’s License was revoked by the Registrar of Contractors on December 8, 2010, based upon the Citation and Complaint issued in this matter. 4. Undisputed credible testimony and evidence presented at hearing established that the Respondent’s workmanship on the Complainant’s swimming pool has been found to fail to comply with applicable workmanship and industry standards and to require appropriate corrective action. 5. Undisputed credible testimony and evidence established that the Respondent’s License was again revoked on February 22, 2011, for the Respondent’s failure to pay a civil penalty. 6. Undisputed credible testimony and evidence presented at hearing established that the Complainant is an “injured person” as defined by statute and that she is entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Respondent’s acts or omissions in this matter. 7. Based upon undisputed credible testimony and evidence produced at hearing, it is found that a proper and reasonable amount payable to the Complainant from the Contractors’ Recovery Fund for the Complainant’s actual damages is the sum of $5,174.99, which represents the lowest bid from a properly licensed contractor for the correction of the Complainant’s swimming pool in accordance with the written Corrective Work Order issued in this matter. CONCLUSIONS OF LAW 1. A.R.S. § 32-1132 (A) provides, in pertinent part, as follows: The residential contractors' recovery fund is established, to be administered by the registrar, from which any person injured by an act, representation, transaction or conduct of a residential contractor licensed pursuant to this chapter that is in violation of this chapter or the rules adopted pursuant to this chapter may be awarded in the county where the violation occurred an amount of not more than thirty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the contractor's violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines. 2. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Complainant in the sum of $5,174.99, all of which shall be appropriately chargeable against the Respondent and/or persons on the Respondent’s license as set forth in A.R.S. § 32-1139 (B) RECOMMENDed order In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Complainant in the total amount of $5,174.99 for the Complainant’s actual damages in this matter. 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 22, 2011.

/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