ALJDEC

97F-326-ROC · Registrar of Contractors · 1997-10-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|KEN AND BARBARA MALINOWSKI, |§| | | |§|DOCKET NO.: 97F-326-ROC | |PLAINTIFFS, |§| | | |§|RECOMMENDED | |-v- |§|DECISION AND ORDER | | |§| | |License No.102197, Class B of |§| | |Maher Marcel Hazine |§| | |d.b.a. EAGLE HOMES, |§| | | |§| | |DEFENDANT. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: October 17, 1997, at 8:00 a.m. APPEARANCES: The Plaintiffs appeared through Ken Malinowski. The Defendant failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 17, 1997, pursuant to notice duly sent to all parties. The Plaintiffs appeared through Ken Malinowski and the Defendant failed to appear. 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. Plaintiffs are an “injured person” as defined by statute and are entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. The Defendant’s contracting license has been previously revoked by the Registrar of Contractors. Such revocation is determined to render the Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages.

3. Based upon credible evidence, produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund is the sum of $5,800.00 which is the maximum sum that can be paid for the notice given for Case No. 97/326. Credible evidence produced at hearing established that the Plaintiffs’ damages, for the Respondent’s failure to return their down payment, exceed the said sum as set forth in their additional claim (referred to as an “addendum” but given a separate case number) in Case No. 98/135. There was no evidence that any notice had been given regarding the said additional claim.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. Section 32-1154(E).

2. The within record supports an award to the Plaintiffs in the sum of $5,800.00. all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s license as set forth in A.R.S. Section 32-1139(A).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that, on the effective date of this Order, the Registrar of Contractors shall cause payment from the Contractors’ Recovery Fund to the Plaintiffs in the amount of $5,800.00 for damages.

Dated this 24th day of October, 1997.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original mailed this day of October, 1997 to:

Michael P. Goldwater, Director Attn: Jennifer Varela Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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