ALJDEC decisions subject to certification as final

2010A-308473399-ROC · Registrar of Contractors · 2010-12-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 20, 2010 at 8:15 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its authorized representative, Scott Stroup. 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 K-60 (No. 185712) License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed repair work on an existing built-in alder wood entertainment center and fireplace surround in the Complainant’s residence. 3. The Complainant was dissatisfied with the Respondent’s workmanship and complained of the poor workmanship to the Respondent. 4. There was no dispute that in response to the complaints the Respondent repeatedly returned to the Complainant’s residence and attempted to correct the problems with the Respondent’s work on the built-in alder wood entertainment center and fireplace surround. 5. When the Respondent failed to properly correct the workmanship problems with the built-in alder wood entertainment center and fireplace surround despite at least seven different unsuccessful repair attempts the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 6. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an onsite inspection, and on June 4, 2010, issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the built-in alder wood entertainment center and fireplace in the Complainant’s residence. 7. Credible testimony and evidence established that Respondent failed to fully comply with the terms of the Corrective Work Order. 8. Credible testimony and evidence established that the Respondent’s workmanship on the built-in alder wood entertainment center and fireplace surround in the Complainant’s residence failed to comply with applicable industry and workmanship standards. 9. Although the Registrar of Contractors normally allows a contractor a reasonable opportunity to correct its own construction deficiencies and errors subsequent to hearing, under all of the salient facts and circumstances presented herein, this Respondent should not be allowed to wreak any further havoc on the life of this homeowner. Thus, any condition placed into this Order for the purpose of allowing the Respondent to accomplish corrective work as a means to reduce or eliminate otherwise appropriate disciplinary penalties should include the requirement that Respondent cause another properly licensed contractor to fully comply with the terms of the Corrective Work Order issued in this matter. 10. Notice is taken of the Respondent’s good prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW 1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. § 32-1154 (A) (23) (Failure to take appropriate corrective action) and A.R.S. § 32-1154 (A) (3); namely, Rule R4-9-108 (Failure to perform work in a professional and workmanlike manner). RECOMMENDed order In view of the foregoing, it is recommended commencing on the effective date of the Registrar’s Order that the Respondent’s Class K-60 License shall be suspended until the Registrar of Contractors receives and accepts written proof that the Respondent has caused a properly licensed contractor to fully comply with the terms and conditions of the written Corrective Work Order issued in this matter. It is further recommended that if the Respondent causes a properly licensed contractor to fully accomplish the above described corrective 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, in addition to the above-provided penalties, if any, that the Respondent pay the sum of $250.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32- 1154D. The failure by the 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 this matter, shall result in the automatic revocation of the Respondent’s contractor’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with the Respondent, as defined in A.R.S. §32-1101A (5), unless payment of any outstanding prior civil penalty is tendered. 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 28, 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