ALJDEC decisions subject to certification as final

2016A-1390-ROC · Registrar of Contractors · 2016-08-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 26, 2016 APPEARANCES: M. Ramona Walker, Complainant; Jim Dimond, Registrar of Contractors Investigator; Sandy Griffis, observer ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________ After accepting Complainant’s deposit and agreeing to reroof her house, Respondent failed to perform any work on Complainant’s house and refused to return her deposit. Therefore, Respondent’s licenses should be revoked until the deposit is returned. FINDINGS OF FACT 1. On January 27, 2016, Complainant hired Respondent to reroof her home. On February 27, 2016, she paid him $4,177.00 as a deposit for the project. 2. As of the date of hearing in this matter, Respondent performed no work for Complainant and has not returned her deposit. 3. On the day prior to the hearing, Respondent submitted a request to appear by telephone at the hearing. Although the motion was untimely, the Administrative Law Judge attempted to contact Respondent by telephone at the time of the hearing, but there was no answer. 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. 2. The Citation issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32-1154(A)(1). 3. A.R.S. § 32-1154(A)(1) provides grounds for abandonment of a project without legal excuse. 4. The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117. On standing motion by the Registrar of Contractors, the computer records of the Registrar of Contractors may properly be considered to be evidence in the event the Administrative Law Judge finds a violation of any of the statutory provisions cited in the Citation and Complaint. Currently, Respondent’s license number 196515 is revoked and Respondent’s license number 196516 is suspended. Respondent has a history of disciplinary action by the Registrar in four other cases. 5. In this case, Complainant has established that Respondent violated A.R.S. § 32-1154(A)(1) when it took Complainant’s deposit, failed to do any work on her roof, and failed to return the deposit. RECOMMENDED DECISION Based on the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Respondent’s licenses (License No: 196516 and 196515) be revoked until Complainant’s deposit of $4,177.00 has been reimbursed to her.

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, August 4, 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