ALJDEC decisions subject to certification as final

2010A-659790-ROC · Registrar of Contractors · 2010-07-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 14, 2010 at 8:15 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 is the holder of a Class C-36 (No. 167512) License issued by the Registrar of Contractors. 2. This is a residential matter where the Respondent performed exterior plastering work on the Complainant’s residence. 3. The Complainant was dissatisfied with the cracking in the exterior plastering and with the Respondent’s failure to correct its workmanship despite repeated requests that it do so. 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 corrective action on the Complainant’s residence. 6. The assigned Agency Inspector testified that he performed a prehearing jobsite inspection on July 13, 2010 and found that the extensive cracking in the exterior plaster on the Complainant’s residence was still present and that the Respondent had failed to comply with the terms of the Corrective Work Order. 7. Undisputed credible testimony and evidence established that the Respondent’s workmanship on the Complainant’s residence fails to comply with applicable workmanship and industry standards. 8. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors. CONCLUSIONS OF LAW

1. Undisputed credible testimony and evidence supported findings that establish violations by the Respondent of the charged provisions of A.R.S. § 32-1154A (23) (Failure to take appropriate corrective action) and A.R.S. § 32-1154A (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 C-36 License (No. 167512) shall be revoked on the effective date of this Order. It is further recommended, in addition to the above-provided penalties, if any, that the 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 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 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 14, 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