ALJDEC decisions subject to certification as final

2010A-923384-ROC · Registrar of Contractors · 2010-06-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 29, 2010 at 8:15 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Barbara Schoof. 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-37 License issued by the Registrar of Contractors. 2. The Complainant filed a formal complaint against the Respondent asserting that he had not been paid the final four weeks of salary due to him in accordance with the terms of the parties’ oral employment agreement, that he had not been paid for a one week vacation which was due to him pursuant to the terms of the parties’ oral agreement, and that the Respondent owed him $6,500.00 for his work in obtaining the “Beck House” construction project. 3. Credible testimony and evidence established that the Complainant was employed by the Respondent and that, pursuant to the parties’ oral employment agreement, the Complainant was to be paid the sum of $1,080.00 per week for his time. 4. Credible testimony and evidence established that the Complainant was not paid for his last four (4) weeks of employment with the Respondent. 5. Credible evidence and testimony of record is insufficient and fails to support a finding that the Complainant was to receive one week of paid vacation as part of his employment agreement with the Respondent. 6. Credible testimony and evidence of record is insufficient and fails to support a finding that the Respondent agreed to pay the Respondent the remainder of a $10,000.00 bonus allegedly due to the Complainant for the Complainant’s successful efforts in obtaining the “Beck House” construction project. 7. Credible testimony and evidence presented at hearing established that the sum of $4,320.00 is the proper balance due and owing to the Complainant by the Respondent for the Complainant’s last four weeks of work performed for the Respondent. 8. Credible testimony and evidence established that, notwithstanding repeated attempts and billings over a prolonged period of time, the balance for the Complainant’s last four weeks of work remains unpaid. The Respondent‘s failure to pay the aforementioned sum of $4,320.00 to the Complainant for the Complainant’s final four weeks of work for the Respondent is not found to be in good faith. Accordingly, under all of the facts and circumstances presented herein, Respondent’s conduct is found to constitute a violation of the applicable charged provision of the State’s contracting laws. 9. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors. CONCLUSIONS OF LAW

1. Credible testimony and evidence supported findings that establish that the Respondent violated the charged provisions of A.R.S. § 32-1154A (11) (Failure to pay monies in excess of seven hundred and fifty dollars when due).

RECOMMENDED ORDER

In view of the foregoing, it is recommended, commencing on the effective date of the Registrar of Contractors’ Order, that the Respondent’s Class K-37 License be suspended until the Registrar of Contractors receives and accepts written proof that Respondent has paid the sum of $4,320.00 to the Complainant for the Complainant’s unpaid wages. It is further recommended that if the Respondent pays the above described sum of money on or before the effective date of the Registrar’s Order, then the aforementioned license suspension shall not take place and that this matter shall be closed. 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, June 29, 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