ALJDEC decisions subject to certification as final
2016A-1486-ROC · Registrar of Contractors · 2017-02-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Dawn M Jett,
COMPLAINANT,
v.
Albrant General Contracting LLC,
License No: 298420
RESPONDENT.
No. 2016A-1486-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 18, 2017
APPEARANCES: Dawn M. Jett, Complainant; Kevin Hanger, Complainant’s Attorney; Glen Albrant, Respondent’s representative; Beau Cruz, Registrar of Contractors Investigator
ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang
_____________________________________________________________________
Having heard the evidence and testimony and having considered the record in this matter, the undersigned Administrative Law Judge hereby makes the following Findings of Fact and Conclusions of Law and issues the following Recommended Decision to the Registrar of Contractors.
FINDINGS OF FACT
On May 4, 2017, Complainant filed a complaint with the Registrar of Contractors alleging various workmanship issues regarding the remodeling of a home.
Respondent’s representative testified that he received notice of the complaint from the Registrar of Contractors around September 2 or 3, 2016. This is consistent with the date of the notice of allegations letter sent by the Registrar of Contractors on August 29, 2016. (See case file.) The record contained no evidence to indicate that Respondent received notice of the complaint on another date.
Complainant did not allow Respondent to inspect or have access to the property until October 3, 2016. Respondent asked permission by email on September 9, 2016, but Complainant refused the same day. (Exhibit B.)
After a job site inspection on September 21, 2016, the Registrar of Contractors Investigator issued a Directive from the Registrar on September 27, 2016. On October 28, 2016, the Registrar of Contractors Investigator conducted a compliance inspection.
The Registrar of Contractors issued a Citation on November 1, 2016 alleging potential violations of A.R.S. § 32-1154(A)(3) and (22) and failure to meet the minimum elements of a contract pursuant to A.R.S. § 32-1158(B).
The contract (Exhibit A) does not contain Respondent’s business address, an estimated date of completion, or notice of the customer’s right to file a complaint with the Registrar of Contractors.
CONCLUSIONS OF LAW
A.R.S. § 32-1155(C) provides as follows:
C. The registrar shall not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.
2. The contractor's work has been subject to neglect, modification or abnormal use.
The allegations of potential violations of A.R.S. § 32-1154(A)(3) and (22) relate to failure to perform work in a professional and workmanlike manner. Because the greater weight of the evidence established that Complainant refused to allow Respondent an opportunity to inspect the work within 15 days after Respondent received notice of the complaint, A.R.S. § 32-1155(C) prohibited the Registrar of Contractors from issuing its Citation. Therefore, the Citation as regards those violations should be dismissed.
A.R.S. § 32-1158(B) provides as follows:
B. From and after December 31, 2007, any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information:
1. The name of the contractor and the contractor's business address and license number.
2. The name and mailing address of the owner and the jobsite address or legal description.
3. The date the parties entered into the contract.
4. The estimated date of completion of all work to be performed under the contract.
5. A description of the work to be performed under the contract.
6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.
7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner.
8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.
9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in this paragraph must be prominently displayed in the contract in at least ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.
The evidence at hearing established that Respondent’s contract in this matter violates A.R.S. § 32-1158(B), which is prohibited by A.R.S. § 32-1154(A)(12). Therefore, pursuant to A.R.S. § 32-1154(B), the Registrar may impose disciplinary action against Respondent. Based on the evidence at hearing, the undersigned Administrative Law Judge recommends that Respondent’s license be suspended for a period of one week beginning on the effective day of the final order in this matter.
RECOMMENDED DECISION
Based upon the foregoing considerations, the undersigned Administrative Law Judge hereby recommends that Complainant’s complaint be dismissed. It is further recommended that Respondent’s license be suspended for one week for its violation of A.R.S. § 32-1155(C), which was a charge brought on the Registrar’s own motion.
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, February 1, 2017.
/s/ Dorinda M. Lang
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors