FINACT2012A-3506-ROC.pdf

2012A-3506-ROC · Registrar of Contractors · 2013-10-21

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Irma Gonzales ) CASE NO. 2012-3506 ) COMPLAINANT ) ) DOCKET NO. 2012A-3506-ROC -v- ) License No. C-61.172518-R of ) Chacho's Remodeling and Repair LLC ) ORDER ) RESPONDENT ) ) ) ) ) The Registrar adopts the Administrative Law Judge’s attached Findings of Fact with the following modifications: On page 2, line 17, delete “Chacho was not . . . protection systems and”. On page 2, line 25, delete “A.R.S. § 32-1154(A)(1),4 A.R.S. §”. On page 2, delete lines 29 through 30 ½. On page 3, line 1, delete “32-1154(A)(7),5”. On page 3, line 1, “A.R.S. § 32-1154(A)(13),6 namely, A.R.S. § 32-1158,7” shall be replaced with “A.R.S. § 32-1154(A)(13), 5 namely A.R.S. § 32-1158(B),6”. On page 3, line 2, “8” shall be replaced with “7”. On page 3, delete lines 3 ½ through 4 ½. On page 3, line 5,“ 6” shall be replaced with “5”. On page 3, line 6, “ 7” shall be replaced with “6”. On page 3, delete lines 7 through 17 ½. On page 4, line 29 ½, “ 8” shall be replaced with “ 7”. On page 5, line 14, “ 9” shall be replaced with “8”. On page 5, line 19, “10” shall be replaced with “9”. On page 5, line 22, “11” shall be replaced with “10”. On page 5, line 29, “9” shall be replaced with “8”. On page 5, line 29 ½, “10” shall be replaced with “9”. On page 5, line 30, “11” shall be replaced with “10”. The Registrar adopts the Administrative Law Judge’s Conclusions of Law Nos. 1, 2, 5 and 6. The Registrar rejects Conclusions of Law Nos. 3 and 4. The Registrar adopts the Administrative Law Judge’s attached Recommended Order with the following modification: On page 7, line 15, “$11,625.00” shall be replaced with “$8,000.00” Justification: The Registrar issued a Citation and Complaint against Respondent on April 16, 2013, alleging violations of A.R.S. § 32-1154(A)(13), namely A.R.S. § 32-1158(B), and A.R.S. § 32- 1154(A)(17) in connection with Respondent’s contract with Complainant to remodel a residential structure for $54,687.00. These were the only charges before the Administrative Law Judge at the August 19, 2013 Hearing. The Registrar had previously issued a Citation and Complaint with additional allegations on September 19, 2012, but had quashed that Citation and Complaint on January 31, 2013.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Respondent and Complainant entered into two separate construction contracts, only one of which is outside the scope of Respondent’s licenses. Complainant’s argument that Respondent cannot perform its contract to install a fire protection system without a C-16 Fire Protection Systems License is without merit. The Registrar finds that the appropriate and equitable remedy in this case is for Respondent to provide restitution to Complainant or Respondent’s license shall be revoked. The appropriate amount of restitution is $8,000.00 - the amount of Complainant’s down payment to Respondent for the remodeling contract it is unable to legally enter or perform. Based on this Order, the Decision, as modified, shall become effective on November 12, 2013. Any request for rehearing must be filed on or before November 7, 2013. Any appeal to the Superior Court must be filed on or before the effective date set forth above.

IT IS SO ORDERED this 3rd day of October, 2013.

Registrar of Contractors

/s/ Adam Stafford __________________________ Adam Stafford, Esq. Assistant Chief of the Legal Department

Respondent Chacho's Remodeling and Repair LLC 6875 N Avenida Adella Tucson, AZ 85741-2985

Complainant Irma Gonzales 3243 E Edison St Tucson, AZ 85716-2805

Brenda J Lee, Esq. Lee & Travers PLC 2421 E 6th St Ste 1 Tucson, AZ 85719-5254

cc: OAH Case No. 2012-3506 /sgm