ALJDEC decisions subject to certification as final

2010A-3596209-ROC · Registrar of Contractors · 2010-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 8, 2010 at 8:00 a.m. APPEARANCES: The Complainant appeared on his 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 Respondent’s Class B-5 License has been suspended for lack of bond. 2. This is a residential matter where the Respondent constructed a new swimming pool and pool deck with a Flagstone surface for the Complainant. 3. The Complainant noticed that the Flagstone around the new swimming pool was deteriorating very rapidly and repeatedly requested the Respondent to properly correct the problem with the deteriorating Flagstone. 4. When the Respondent failed to comply with the Complainant’s repeated requests the Complainant filed a formal Complaint against the Respondent with the Registrar of Contractors. 5. Pursuant to the filing of the formal Complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written Corrective Work Order directing the Respondent to perform designated corrective work on the Complainant’s Flagstone. 6. The Corrective Work Order provides, in relevant part, as follows: Complaint: “Flagstone installed around pool is deteriorating very rapidly.” Inspection showed excessive flaking and dissolving of stone in front of pool steps and spa access. The Complainant submitted documents showing that proper pool chemical and salt balances have been maintained. No disclaimers or explanation was contained in the contract documents submitted by the respondent at the inspection. Contractor to correct by appropriate means. 7. Undisputed credible testimony and evidence established that the Respondent failed to comply with the terms of the Corrective Work Order. 8. Undisputed credible testimony and evidence established that the Complainant has maintained proper chemical and salt balances in the swimming pool. 9. Undisputed credible testimony and evidence established that the Flagstone has continued to deteriorate to the point where the deteriorating Flagstone now requires proper removal and replacement. 10. Notice is taken of the Respondent’s 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. § 32-1154A (23) (Failure to take appropriate corrective action) and 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 that the Respondent’s Class B-5 License shall be revoked on the effective date of this Order. It is further recommended, in addition to the above-provided penalties, if any, that Respondent pay the sum of $500.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32- 1154D. The failure by 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 Respondent’s contractor’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with 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, July 8, 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