ALJDEC decisions subject to certification as final

2014A-1218-ROC · Registrar of Contractors · 2014-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 8, 2014, at 8:00 a.m. APPEARANCES: The Registrar of Contractors (hereinafter “Registrar”) was represented by Assistant Attorney General, John Tellier, Esq. A Thru Z Custom Window and Door LLC (hereinafter “A Thru Z” or “Respondent”) was represented by its qualifying party and member, Britt Hall. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

The following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT At the outset of the scheduled hearing, the parties entered into and presented a Consent Agreement to this tribunal and represented that the Consent Agreement was a full and final settlement between the parties regarding the issues contained in the filed complaint. Pursuant to the terms of the Consent Agreement, A Thru Z stipulated that it had violated the charged provisions of A.R.S. § 32-1154(A)(3), namely, A.A.C. R4-9-108, and A.R.S. § 32-1154(A)(13), namely A.R.S. § 32-1158(B), and consented to the revocation of A Thru Z’s License No. C-30.238931-R. The Registrar agreed to withdraw the allegation that A Thru Z had violated the charged provision of A.R.S. § 32-1154(A)(23). The terms of the forgoing Consent Agreement appeared to be reasonable under all the circumstances and the agreement was determined to be the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW 1. A general policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The Consent Agreement reached and submitted during the hearing of this matter was shown to be reasonable and to have been voluntarily made. 3. A Thru Z acknowledged and stipulated that it had violated the charged provision of A.R.S. § 32-1154(A)(3), namely, A.A.C. R4-9-108.[1] 4. A Thru Z acknowledged and stipulated that it had violated the charged provision of A.R.S. § 32-1154(A)(13), namely, A.R.S. § 32-1158(B).[2]

RECOMMENDED ORDER In view of the foregoing it is recommended that License No. C- 30.238931-R of A Thru Z shall be immediately revoked. Done this day, July 8, 2014. /s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] A.R.S. § 32-1154(A)(3) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, [v]iolation of any rule adopted by the registrar. A.A.C. R4-9-108 provides, in pertinent part, as follows: A. A contractor shall perform all work in a professional and workmanlike manner. B. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. C. All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

[2] A.R.S. § 32-1154(A)(13) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure in any material respect to comply with this chapter.” A.R.S. § 32-1158(B) provides as follows: B. From and after December 31, 2007, any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in this paragraph must be prominently displayed in the contract in at least ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365. C. At the time of signing a contract the owner shall be provided a legible copy of all documents signed and a written and signed receipt for and in the true amount of any cash paid to the contractor by the owner.

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