ALJDEC decisions subject to certification as final

2014A-1588-ROC · Registrar of Contractors · 2014-07-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 1, 2014

APPEARANCES: Respondent was represented by Manuel Gallarzo, Member and Qualifying Party; the State of Arizona, Registrar of Contractors, was represented by Assistant Attorney General Seth Hargraves, ROC Staff Attorney Jose Gill, and ROC Inspector Ted Gerold.

WITNESSES: None

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The Registrar of Contractors (“Registrar” or “ROC”) brings this matter alleging violations of the contractor licensing statutes. The parties appeared and entered stipulations and agreements into the record as follows. FINDINGS OF FACT Respondent admits factual allegations 1-5 as set forth in the Citation and Notice of Hearing issued in this matter by the ROC on May 6, 2014:

1. On March 6, 2003, the Registrar issued License No. K-36.183029-D to Respondent, an Arizona limited liability company. See Application for Contractor’s License, license certificate, and Arizona Corporation Commission webpage printout attached as Exhibit 1 and incorporated hereto.

2. On or about May 3, 2013, Joshua J. Dugan, hereinafter “Mr. Dugan,” filed a complaint with the Registrar alleging poor work by Respondent in the performance of its September 2012 contract to repair stucco at a residence located at 9621 E. McKellips Rd. in Mesa, Arizona for $3,000.00. See Complaint No. 2013-2232 attached as Exhibit 2 and incorporated hereto.

3. Mr. Dugan purchased the McKellips Rd. residence from Jan and Alan Saquella, who contracted with Respondent to perform stucco repairs shortly before the Saquellas sold the residence to Mr. Dugan.

4. Respondent’s September 2012 contract with the Saquellas, is not in writing and does not include all of the elements required by A.R.S. § 32-1158(B).

5. On or about June 11, 2013, the Registrar conducted a jobsite inspection and subsequently issued a Corrective Work Order directing Respondent to take appropriate corrective action at the McKellips Rd. residence. See the Registrar’s June 17, 2013 Corrective Work Order attached as Exhibit 3 and incorporated hereto.

The ROC withdraws factual allegation number 6 in the Citation and Notice of Hearing:

6. Respondent has failed to take appropriate corrective action to comply with the Registrar’s June 17, 2013 Corrective Work Order.

CONCLUSIONS OF LAW 1. The Citation and Notice of Hearing alleges violations of: Count 1: A.R.S. § 32-1154(A)(3) by way of A.A.C. R4-9-108 (prohibiting poor workmanship); Count 2: A.R.S. § 32-1154(A)(13) by way of A.R.S. § 32- 1158(B) (requiring minimum elements in every contract); and Count 3: A.R.S. § 32-1154(A)(23) (requiring compliance with a Corrective Work Order). 2. Respondent admits the violations in Counts 1 and 2. 3. The ROC dismisses Count 3. 4. Respondent agrees to a three-day suspension of the license. Respondent also agrees that it will provide proof of compliance with A.R.S. § 32-1158(B) within 30 days. RECOMMENDED ORDER In consideration of the settlement agreement above: IT IS RECOMMENDED that the Registrar of Contractors suspend License No. K-36.183029-D held by J and Son Plastering LLC for three days. IT IS FURTHER RECOMMENDED that License No. K-36.183029-D held by J and Son Plastering LLC provide written proof, acceptable to the ROC, within days that Respondent’s contracts are in compliance with A.R.S. § 32- 1158(B).

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 will be 5 days from the date of that certification.

Done this day, July 1, 2014.

/s/ Eric A. Bryant 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