Vacate: Settlement Recommendation

2010A-308473162-ROC · Registrar of Contractors · 2011-02-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On January 18, 2011, the parties appeared at the appointed time and place for hearing in this matter. Complainant appeared on her own behalf. Respondent was represented by corporate President and Qualifying Party Peter Zarilla. Testimony was taken from ROC Inspector Greg Koeneman and from Jon Namba, former Executive Director of the International Certified Floorcovering Installers Association, and current President of National Wood Flooring Association Certified Professionals. Mr. Namba is also an industry-recognized instructor for installation of hardwood flooring, the subject of this complaint. After Mr. Namba’s testimony, and based on his recommendations, the parties reached an agreement and did not need to continue the formal hearing process. Complainant agreed to withdraw the complaint, in return for the promise of corrective work, as described herein, performed by Respondent under the supervision of Mr. Namba. Respondent agreed to lightly sand the floor, hard plate it, and apply a finish. At the area where the new and old flooring meet and transition (fireplace), some of the wood will be replaced so that it is laced in deeper and the transition looks better. Also, a neutral stain will be applied on the new wood to help with the visual appearance of that area. In the kitchen, Respondent will replace the board that is face-nailed with a wider board that will be glued in place. At the entryway, the threshold will be removed so that support for the floor can be installed and face-nailed boards removed and re-installed without nails. The poorly matched wood filler will be corrected. The entire floor, both old and new wood, will be sanded. This work will be done under Mr. Namba’s supervision and his expenses will be paid by Respondent. Respondent agrees that Mr. Namba will determine if the work is acceptable. The parties are aware that, as stated in the Notice of Hearing under “Resolution Short of Adjudication,” upon notice of this settlement and Complainants’ withdrawal of the complaint, the Registrar of Contractors will close the complaint and note it as “resolved/settled/withdrawn.” Also, Complainant was informed of the compliance process. Good cause appearing, and based on withdrawal of the complaint, IT IS RECOMMENDED that the Registrar of Contractors close this matter.

Done this day, February 2, 2011.

_________________________________ Eric A. Bryant Administrative Law Judge

Copy transmitted by mail this _____ day of _________, 2011 to:

Debra Polson 6222 West Lost Canyon Drive Tucson, AZ 85745-9637

Tamarron Homes Inc (CORP) 4020 North Romero Road Tucson, AZ 85705-2441

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

By _______________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826