ALJDEC decisions subject to certification as final

2015A-2002-ROC · Registrar of Contractors · 2016-01-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 11, 2016 APPEARANCES: Mark and Chanel Ferganchick, Complainant’s representatives; Frank Grochocki, Registrar of Contractors Inspector ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ FINDINGS OF FACT 1. Complainant contracted with Respondent for the installation of a stucco finish on the exterior of a school building. Complainant filed a complaint with the Registrar of Contractors against Respondent, which resulted in a Directive from the Registrar being issued on or about July 20, 2015. The Directive ordered Respondent to correct 5 items from the complaint. 2. Respondent failed to address the items of correction. Respondent’s answer argued that its installation was done in accordance with the plans. However, when the matter came to hearing, Respondent did not appear. 3. The weight of the evidence established that the 5 items of correction in the Directive from the Registrar did not meet workmanship standards and Respondent did not correct them. 4. According to the Registrar of Contractors website, Respondent holds Licenses No. 204409, 255424, and 255708, all of which have been revoked.

CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156. The Citation and Complaint issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32-1154(A)(2), (3), and (22) and A.A.C. R4-9-108. 2. A.R.S. § 32-1154(A)(2) provides grounds for suspension or revocation of a contractor’s license for departure from or disregard of plans or specifications or building codes without consent of the owner or his or her representative. 3. A.R.S. § 32-1154(A)(3) provides grounds for suspension or revocation of a contractor’s license for “[v]iolation of any rule adopted by the registrar”. The Arizona Administrative Code requires contractors to meet minimum workmanship standards in the projects they undertake. A.A.C. R4-9-108. 4. A.R.S. § 32-1154(A)(22) provides grounds for suspension or revocation of a contractor’s license for failure to take appropriate corrective action on a Corrective Work Order without valid justification and within a reasonable period of time. 5. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. In this case, the Complainants have established that Respondent violated A.R.S. § 32-1154(A)(2), (3), and (22) when it departed from plans to install stucco that cracked quickly and by failing to correct the items in the Directive from the Registrar. RECOMMENDED DECISION Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Respondent’s License No. 255424 be revoked. If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty (40) days from the date of certification.

Done this day, January 25, 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