ALJDEC

97F-518-ROC · Registrar of Contractors · 1997-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 10, 1997 APPEARANCES: Plaintiff appeared on his own behalf and Respondent appeared through its president, James Russell. 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

Defendant’s contracting license has been previously suspended by final Order of the Registrar of Contractors due to Defendant’s failure to comply with the terms and conditions of a disciplinary order issued by the Registrar involving these same two parties. Such suspension is determined to render this Defendant unable or unwilling to remedy the violation of the State’s contracting laws which gave rise to the instant claim for damages. The Registrar of Contractors has received advance notification of the existence and amount of the above named Plaintiff’s claim for an administrative payout from the Contractors’ Recovery Fund. This hearing was convened following Defendant’s express request therefor, subsequent to Defendant’s receipt of notice that a payout to Plaintiff was contemplated by the Contractors’ Recovery Fund. Plaintiff seeks to recover the sum of $257.64 from the fund. Notwithstanding opening instructions from the Administrative Law Judge at the Recovery Fund hearing indicating that the instant matter was not an appeal from the prior disciplinary Decision and Order of the Registrar and that this hearing would be strictly limited to a consideration of whether the requested payout from the Contractors’ Recovery Fund was reasonable and appropriate, Defendant persisted in attempting to re-litigate the prior disciplinary decision of the Registrar and/or the issue of compliance with said Order of the Registrar. After repeated warnings regarding the nature of the instant hearing and subsequent to receipt of testimony from a witness which Defendant found to be inaccurate, Defendant elected to voluntarily quit the hearing by storming out of the hearing room muttering something about dissatisfaction with the Registrar and/or the hearing process. The hearing continued to conclusion despite Defendant’s absence from the hearing. Evidence of record supported a finding that the bid Plaintiff received to replace the Plexiglass installation on his sliding glass door with some form of a polycarbonate material (Lexan) would provide an appropriate remedy in line with the terms and conditions set forth in the prior disciplinary order in Registrar of Contractors’ case no. L96-0141. The bid for this replacement was $257.64 and same was not shown to be unreasonable. Therefore, based on all of the foregoing, it is adjudicated and determined that the total sum of $257.64 should be paid to Plaintiff from the Contractors’ Recovery Fund.

CONCLUSIONS OF LAW

Plaintiff is a person injured within the meaning of that term in A.R.S.§ 32- 1131(3). Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. § 32-1154(E). The within record supports an award to Plaintiff in the amount of $257.64, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S. § 32-1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended on the effective date of the Order entered in this matter the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to Plaintiff in the amount of $257.64. Done this day, December 16, 1997.

_________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of December, 1997, 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