ALJDEC decisions subject to certification as final

2010A-308473077-ROC · Registrar of Contractors · 2011-04-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 30, 2011 APPEARANCES: Rockworks, Inc. was represented by its authorized representative, Jason S. Lewis. Advanced Pool Concepts, Inc. was represented by its authorized representative, Bryce A. Campo. 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. Rockworks, Inc. (“Complainant”) is the holder of License No. 182272 issued by the Registrar of Contractors (“Registrar”). 2. Advanced Pool Concepts, Inc. (“Respondent”) is the holder of License No. 179489, a Class B-5 contracting license issued by the Registrar. 3. Respondent hired Complainant to perform work on a project at the Mark Lindsey residence located at 1001 Corte Sur, Lake Havasu City, Arizona. 4. Complainant performed its work on the subject project. There are no complaints concerning Complainant’s workmanship. 5. On April 26, 2010, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent in the sum of $24,580.46 due to Complainant. The Registrar designated the Complaint as Case No. 2010-[number redacted]. 6. 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) (11). 7. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. Respondent has been paid in full by the homeowner. 9. The parties entered into a written repayment agreement dated May 24, 2010, but Respondent has not made payments to Complainant. 10. Complainant obtained the sum of $5,000.00 from Respondent’s bond. 11. After receiving Respondent’s bond, the remaining amount due of $19,580.46 should be reduced by the stipulated back charges in the amount of $1,500.00. Therefore, the evidence of record established that Respondent owes Complainant the final sum of $18,080.46 for the subject project. 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) (11), as charged in the Citation and Complaint issued by the Registrar. Respondent owes Complainant the sum of $18,080.46 for the subject project. RECOMMENDED ORDER Respondent’s License No. 179489 shall be suspended on the effective date of the Order entered in Case No. 2010-[number redacted] until Respondent provides the Registrar with proof, and the Registrar accepts such proof, that Respondent has paid Complainant the sum of $18,080.46. If Respondent provides the Registrar with proof that Respondent has paid Complainant the sum of $18,080.46, on or before the effective date of the Order entered in Case No. 2010-[number redacted], and the Registrar accepts proof of such payment, then the above-provided license suspension shall not take place. In addition to the foregoing license suspension, if any, Respondent’s Class B-5 contracting license shall be placed on probation for a period of days commencing on the effective date of the Order entered in Case No. 2010-[number redacted], or the date on which the Registrar approves proof of Respondent’s payment of $18,080.46 to Complainant, whichever is later. In addition to the above-provided penalties, any restoration of Respondent’s rights to resume contracting, whether or not probationary, shall be subject to a condition that Respondent first post an additional surety bond, cash deposit or alternative deposit for a period of 24 months, including future renewal periods, in the amount of $4,000.00, such bond or deposit to be in addition to the required surety bond, cash deposit or recovery fund participation set forth in A.R.S. § 32-1152. Cash or alternative additional deposits, if utilized, shall be returned only after the expiration of an additional two-year period following the above- provided 24-month period and only if no claims are then pending. 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, April 19, 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