ALJDEC decisions subject to certification as final

2013A-4817-ROC · Registrar of Contractors · 2014-03-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 2014, at 8:00 a.m. APPEARANCES: The Arizona Registrar of Contractors (hereinafter “Registrar”) was represented by Assistant Attorney General, Michael Raine. Allen Richard Tyndall (hereinafter “Mr. Tyndall” or “Respondent”) failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Respondent appealed a Civil Citation issued by the Arizona Registrar of Contractors (“ROC”) for operating unlawfully as an unlicensed contractor. The Citation imposed a civil penalty of $1,500.00. Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law, and Recommend Order are made, finding a violation and recommending imposition of a $1,500.00 civil penalty. FINDINGS OF FACT Background 1. Mr. Tyndall is not a licensed contractor. On or about October 28, 2012, he entered into an oral agreement with Celina Taylor (“the homeowner”) to perform extensive plumbing and electrical work at her residence at 7973 E. Horse Ranch Road, St. David, Arizona. During the course of construction, the homeowner paid Mr. Tyndall the sum $12,227.50 for electrical and plumbing work that Mr. Tyndall performed at her residence. 2. Mr. Tyndall informed the homeowner that the construction project would be completed within two days. Mr. Tyndall failed to complete the construction project within the period of time promised. The homeowner complained to Mr. Tyndall and he abandoned the construction project. Mr. Tyndall left the homeowner with an incomplete construction project and failed to deliver all of the construction materials that the homeowner had paid for. The homeowner then attempted to file a complaint against Mr. Tyndall with the Registrar.[1] 3. After investigating the complaint, the Registrar issued a Cease & Desist Order and a Civil Citation for the unlicensed activity, imposing a civil penalty of $1,500.00.[2] Mr. Tyndall requested a hearing. Testimony of Registrar Investigator Manuel Bermudez 4. Registrar Investigator Manuel Bermudez (hereinafter “Investigator Bermudez”) testified that he had performed the investigation in this matter. Investigator Bermudez stated that Mr. Tyndall is not a licensed contractor. 5. Investigator Bermudez testified that Arizona contracting law allows an exemption from licensure, with certain limitations, for a “handyman.”[3] Investigator Bermudez stated that Mr. Tyndall’s construction work at the homeowner’s residence did not fit within the handyman exemption because a permit was required for the electrical and plumbing work and the dollar amount of the construction work was in excess of the dollar amount allowed in the handyman exemption. 6. Investigator Bermudez testified that the Registrar issued a Cease & Desist Order and a Civil Citation for the unlicensed activity, imposing a civil penalty of $1,500.00. 7. Investigator Bermudez’s testimony is found to be credible. CONCLUSIONS OF LAW 1. Arizona contracting law prohibits a person from acting as a contractor without a license.[4] The law allows an exemption from licensure, with certain limitations, for a “handyman.” An unlicensed handyman can perform construction work, with certain exclusions, such as that the work does not require a permit, as long as the aggregate price for the job does not exceed $1,000.00.[5] The Registrar can order a person who performs contracting without a license and who is not exempt from licensure to cease and desist such activity and may impose a civil penalty of at least $200.00 and up to $2,500.00 for each violation, but not more than $2,500.00 per day.[6] 2. The evidence established a violation of Arizona contracting laws. Thus, a civil penalty is warranted. The evidence established that Mr. Tyndall operated as a contractor without a license by performing over $12,000.00 worth of electrical and plumbing work at the homeowner’s residence without a permit. Mr. Tyndall abandoned the construction project and failed to deliver all of the construction materials that the homeowner paid for. This Tribunal concludes that a civil penalty of $1,500.00 is warranted in this case. RECOMMENDED ORDER Based upon the foregoing, it is recommended that the Registrar affirm the finding that Mr. Tyndall violated A.R.S. § 32-1151 and affirm the decision to assess a civil penalty in the amount of $1,500.00, to be paid in certified funds to the Registrar on or before the effective date of the Registrar’s final Order 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 shall be forty (40) days from the date of certification. Done this day, March 7, 2014.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] See Exhibit 1 (Complaint filed by Celina Taylor against Respondent). [2] See Exhibits 3 and 4 (Complaint and Cease and Desist Order). [3] See A.R.S. § 32-1121(A)(14). [4] A.R.S. § 32-1164(A)(2). [5] A.R.S. § 32-1121(A)(14). [6] A.R.S. § 32-1166(A).

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