ALJDEC

97F-1725-ROC-COM · Registrar of Contractors · 1998-02-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 1998 APPEARANCES: Complainant was represented by her attorney, Larry Haddy and Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. The original disciplinary proceeding in this matter, set for hearing on August 21, 1997, was cut short by virtue of the fact that the parties entered into a settlement agreement, wherein Respondent was to perform specified remedial work within a stated period of time. In exchange for Respondent’s promise to complete the remedial work, Complainant agreed that she would withdraw her filed complaint against Respondent. 2. Pursuant to the terms of the aforementioned settlement agreement and after certain conditions were met, Respondent was to accomplish all of the work set forth in items 1, 2, 3, 5, and 6 of the original corrective work order entered in this matter on February 4, 1997. The terms of the settlement specifically provided that in the event that the parties could not agree on the method of performing the remedial work, then the assigned inspector for the Registrar of Contractors, Dick North, would make a decision regarding the adequacy of the proposal for accomplishing compliance with terms of the settlement agreement.

3. Evidence of record established that on December 31, 1997 (after the settlement agreement was entered), Inspector North conducted another jobsite inspection, wherein he gave his approval for the proposal for remedial work by Respondent. No remedial work had been performed at the time of this inspection, however, under the specific terms of the aforementioned settlement agreement, Respondent had thirty (30) days from the time of this most recent jobsite inspection by Inspector North within which to accomplish the required remedial work. 4. It is important to note that at the time of the above-described most recent jobsite inspection Inspector North observed, for the first time, that specified patio 4 x 4 posts were twisted beyond minimum workmanship tolerances. Although not part of the original settlement agreement, Respondent agreed to correct this deficiency in addition to the items previously agreed upon in the settlement. 5. Uncontroverted evidence of record established that Respondent failed to complete all of the remedial work on items 1, 2, 3, 5, and 6 of the February 4, 1997 corrective work order entered in this matter. In addition, Respondent failed to correct the deficiency in the above- described patio posts. 6. Notice is hereby taken of official Registrar of Contractors’ public records, which reveal that Respondent’s contracting license has been suspended for failure to comply with an Order of the Registrar since February 25, 1998. Such suspension does not preclude this tribunal from conducting these administrative proceedings nor from issuing separate disciplinary orders. Moreover, Respondent’s existing suspended license status must be considered when determining appropriate penalties in this case. 7. By its failure to appear for the scheduled compliance hearing, Respondent failed to present any matters in defense or mitigation.

CONCLUSIONS OF LAW

1. Respondent has failed to substantially comply with its obligations under the prior settlement agreement. 2. In light of the fact that Respondent failed to comply with its obligations under the terms of the settlement agreement, which terminated the possibility of the Registrar of Contractors imposing disciplinary sanctions against Respondent’s Class B license, it is determined that it is fully appropriate for the Registrar to consider and impose disciplinary sanctions, at this time, for said failure of Respondent to comply with the terms and conditions of the settlement agreement. RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Class B license of Respondent shall be revoked on the effective date of the Order entered in this matter.

Done this day, March 5, 1998.

_______________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of March, 1998, to:

Mr. Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826