PDF copy: ALJDEC decisions subject to certification as final

2014A-4506-ROC-RF · Registrar of Contractors · 2016-08-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Andrea Maria Jones, No. 2014A-4506-ROC-RF COMPLAINANT -v- License No. B-3.283856-R of Built Right Construction LLC ADMINISTRATIVE LAW JUDGE RESPONDENT DECISION

HEARING: May 6 and July 8, 2016 APPEARANCES: Andrea Maria Jones appeared on her own behalf; Thomas Raine, Esq. appeared for the Registrar of Contractors; Geramie Aaron Wilson appeared for Respondent of May 6, 2016, but no one appeared for Respondent of July 8, 2016

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

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FINDINGS OF FACT

1. On March 17, 2016 the Registrar of Contractors (“ROC”) issued a NOTICE OF

RECOVERY FUND ELIGIBILITY/PAYOUT HEARING setting the above captioned matter for

hearing on May 6, 2016.

2. The matter was convened on May 6, 2016, and was concluded on July 8, 2016.

3. Respondent Built Right Construction LLC hold license number B-3.283856-R issued by ROC.1 Geramie Aaron Wilson is Respondent’s qualifying party. 4. Mr. Wilson appeared at the hearing on May 6, 2016, but did not appear on July 8, 2016. 5. Complainant Andrea Maria Jones owns a home located in Tonopah. In August 2014, Ms. Jones entered a contract with Respondent. Ms. Jones became dissatisfied with the work and filed a complaint against Respondent with ROC.

1 ROC’s website shows Respondent’s license number as 283856. Consistent with existing policy, in this DECISION the number set out in the caption of the NOTICE OF RECOVERY FUND ELIGIBILITY/PAYOUT HEARING is used.

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826 6. On February 3, 2016, ROC issued a FINAL ADMINISTRATIVE DECISION in which it determined that Respondent had violated ARIZ. REV. STAT. sections 32-1154(A)(2), (A)(3), (A)(8), (A)(16), and (A)(22). ROC ordered that Respondent’s license was to be

suspended for one day as a result of these violations.

7. On February 8, 2016, Ms. Jones submitted to ROC a RECOVERY FUND CLAIM

related to the work for which ROC suspended Respondent’s license.

8. Eric Ulinger, who was at that time the supervisor of ROC’s recovery fund,

evaluated Ms. Jones’s claim.

9. Mr. Ulinger determined that Ms. Jones met the requirements for a payout of

$30,000.00 from the recovery fund, which is the maximum allowable payout.

10. On February 29, 2016, ROC issued a NOTICE OF CLAIM FOR ADMINISTRATIVE

PAYOUT showing that the Recovery Fund had determined that Ms. Jones was eligible

for the $30,000.00 payout.

11. Respondent filed a request for an administrative hearing, which led to this matter

being scheduled.

12. Mr. Ulinger provided credible testimony to the effect that Ms. Jones met the

requirements for a payout from the recovery fund and that she suffered damages in excess of $30,000.00. CONCLUSIONS OF LAW 1. Ms. Jones bears the burden of proof; the standard of proof is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119; NOTICE OF CLAIM FOR ADMINISTRATIVE PAYOUT. 2. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. BLACK’S LAW DICTIONARY 1373 (10th ed. 2014).

3. The preponderance of the evidence supports ROC’s determination to award Ms. Jones $30,000.00 in the form of a payment issued by the Recovery Fund.

RECOMMENDED ORDER

IT IS ORDERED that the Registrar of Contractors make to Andrea Maria Jones a

payment of $30,000.00 from the Residential Contractors’ Recovery Fund.

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 40 days from the date of that certification.

Done this day, July 19, 2016.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors