ALJDEC decisions subject to certification as final

2010A-308475101-ROC · Registrar of Contractors · 2011-03-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 18, 2011 APPEARANCES: Efren Reyna appeared personally. Mesa Air, L.L.C. was represented by its attorney, Judy Skousen, Esq. and its authorized representative, Merle Mercer. 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. Mesa Air, L.L.C. (“Respondent”) is the holder of License No. 242571, a Class K-39 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On July 9, 2010, Respondent was contacted by the home warranty company for Efren Reyna (“Complainant”) to perform a service call at Complainant’s residence in Casa Grande, Arizona. 3. Upon arriving at Complainant’s residence, Respondent’s technician found the air conditioning unit was not cooling. Respondent’s technician replaced the capacitor and added one pound of Freon to the rooftop-mounted unit. 4. On August 12, 2010, Complainant filed a written Complaint with the Registrar alleging the following complaint items against Respondent: #1. The condisation [sic] tub in the AC unit was broken. So that has to be replaced. #2. Due to the tub being broke, water went into the return duct and damaged that and has to be replaced. #3. Water also came in by the south window in the living room and damaged the paint and texture on the inside. * I have to get the invoice for the repairs.

5. The Registrar designated Complainant’s 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) (3), namely A.A.C. R4-9-108. 7. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. Neither Complainant nor his home warranty company ever contacted Respondent directly about Complainant’s allegations. Respondent found out about Complainant’s allegations when it was contacted by the Registrar. 9. Complainant had the condensate pan replaced under warranty by another contractor. The damaged condensate pan was returned to the manufacturer since it was under warranty. Therefore, Respondent was not permitted to examine the old condensate pan. 10. Respondent’s repair of Complainant’s air conditioning unit did not involve its technician going anywhere near the condensate pan. Therefore, Complainant failed to establish that Respondent damaged the condensate pan. 11. Respondent is determined to have performed its work on Complainant’s unit in a workmanlike manner. 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 has 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. Complainant failed to sustain his burden of establishing that Respondent violated the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, as charged in the Citation and Complaint issued by the Registrar. On the contrary, the evidence of record supports the conclusion that Respondent performed its work on Complainant’s air conditioning unit in a workmanlike manner. RECOMMENDED ORDER The Citation and Complaint in Case No. 2010-[number redacted] shall be dismissed on the effective date of the Order entered in this matter. 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, March 9, 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