ALJDEC decisions subject to certification as final

2013A-5904-ROC-RF · Registrar of Contractors · 2016-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 22, 2016 held open until May 27, 2016 APPEARANCES: Karen Parker, Complainant; Tom Raine, Registrar of Contractors Attorney; Timothy Parker and Eric Ulinger, observers ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ After filing a claim with the Registrar of Contractors’ Residential Contractors’ Recovery Fund, Complainant did not establish that the contract that was at the basis of her relationship with the contractor was entered while his license was in good standing. It is not disputed that the license was suspended at the time of the contract. Therefore, Complainant is not eligible to access the Recovery Fund in this matter. FINDINGS OF FACT 1. The facts in this matter are not in dispute. Complainant contracted with a licensed contractor whose license was suspended at the time of the contract. The contractor did some of the work on the contract after his license was reinstated. 2. Complainant filed a claim with the Registrar of Contractors’ Residential Contractors’ Recovery Fund regarding the contractor’s work. 3. The Registrar of Contractors rejected the claim on the grounds that the parties entered into the contract while the contractor’s license was suspended and issued a Notice and Order of Recovery Fund Ineligibility informing Complainant of that decision. 4. Complainant requested a hearing in the matter. The hearing was set with the Arizona Office of Administrative Hearings, an independent agency authorized to conduct hearings in contested matters arising out of State regulation. Complainant appeared at the hearing and argued that the contractor did some repair work after the license had been reinstated and it was the failure of the repair that was the subject of her claim. CONCLUSIONS OF LAW 1. This hearing was conducted in accordance with Arizona Revised Statutes (“A.R.S.”) § 41-1092.01 et seq. Complainant has the burden of proof and the standard of proof on all issues is by a preponderance of the evidence. See Arizona Administrative Code (“A.A.C.”) R2-19-119. 2. A.R.S. § 32-1132(A) provides, in relevant part, as follows:

An award from the fund shall not be available to persons injured by an act . . . of a residential contractor . . . whose license . . . suspended . . . at the time of the contract.

3. In this case, Complainant has not established that she is eligible to access the Recovery Fund because the contractor’s license was suspended at the time of the contract. Therefore, the Notice and Order of Recovery Fund Ineligibility was issued appropriately, and the appeal should be denied. RECOMMENDED DECISION Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that the appeal in this matter be denied.

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 is the date of certification. Done this day, June 9, 2016.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826