ROC Vacate

2016A-1297-ROC · Registrar of Contractors · 2017-03-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A hearing on the merits had been scheduled in this matter on February 8, 2017. Both parties as well as the Registrar of Contractors’ (“the Registrar’s”) Investigator, Timothy Pennington, appeared for the hearing. The Registrar’s Citation had charged cause to suspend or revoke Tru Builders LLC’s (“Respondent’s”) license under A.R.S. § 32-1154(A)(2),[1] A.R.S. § 32-1154(A)(3),[2] namely A.A.C. R4-9-108,[3] A.R.S. § 32- 1154(A)(12),[4] namely A.R.S. § 32-1158(B),[5] and A.R.S. § 32- 1154(A)(22).[6] At the hearing, Respondent established that it had corrected many of Howard Wayne Halverson’s (“Complainant’s”) in a professional and workmanlike manner. Although Complainant established that some items still required correction, Investigator Pennington had determined that a permit from the local building authority was necessary and had not been obtained. Although Respondent should not have proceeded with the project without the permit, furnishing cause to suspend or revoke its license under A.R.S. § 32- 1154(A)(2), Complainant’s primary concern was getting the project completed. Under the Uniform Building Code, obtaining a permit is the property owner’s responsibility. Therefore, Respondent could not complete repairs until Complainant obtained a permit. Complainant agreed to obtain a permit and Respondent’s representative agreed to furnish as-built drawings and provide advice to help Complainant to obtain the permit. The Administrative Law Judge (“ALJ”) held the record open to allow the parties to attempt to resolve Complainant’s complaint and scheduled a status conference on March 29, 2017. The ALJ’s order holding the record open informed the parties that they could appear telephonically at the status conference by providing a telephone number to the Office of Administrative Hearings (“OAH”). On March 6, 2017, Complainant notified OAH that he had applied for a building permit and that the local building authority had requested additional information. On March 23, 2016, Complainant notified OAH that the plans had been updated and resubmitted on March 15, 2017. Neither party submitted a telephone number at which they wished to be contacted or appeared at the status conference. Because the ALJ infers that, for now, the parties have resolved their dispute, IT IS ORDERED vacating any further hearing on the merits that could have been scheduled in this matter, without prejudice to Complainant’s right to file a new complaint with the Registrar alleging that, after Complainant obtained the permit, Respondent filed to repair items to the Registrar’s workmanship standards. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(4) to the Director of the Registrar with the recommendation that it be dismissed. Done this day, March 30, 2017.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed March 30, 2017 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Investigator Timothy Pennington Registrar of Contractors

Howard Wayne Halverson 14409 W Futura Dr Sun City West, AZ 85375-5931

Max Christianson Tru Builders LLC 14537 W Grand Ave # 140-196 Surprise, AZ 85374-8649

By M. Johnson

----------------------- [1] A.R.S. § 32-1154(A)(2) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[d]eparture from or disregard of plans or specifications or any building codes of any state or any political subdivision of the state in any material respect which is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.” [2] 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.” [3] A.A.C. R4-9-108 requires that “[a]ll work shall be performed in a professional and workmanlike manner” and that “[a]ll work shall be performed in accordance with any applicable building codes and professional industry standards.” [4] A.R.S. § 32-1154(A)(12) 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.” [5] A.R.S. § 32-1158(B) requires licensed contractors to include nine specific terms in their contracts with property owners that exceed $1,000.00. This charged violation is administrative and if it is established, will not entitled Complainant to any additional relief in this forum. [6] A.R.S. § 32-1154(A)(22) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the registrar.”

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