ALJDEC

97F-625-ROC · Registrar of Contractors · 1998-04-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|VIRGINIA STANEK, |§| | | |§|CASE NO.: 97/625 | |Plaintiff, |§| | | |§|DOCKET NO.: 97f-625-roc | |-v- |§| | | |§| | |License No.105023, Class C-34 of |§|RECOMMENDED | |John Edward Linders d.b.a. |§|DECISION AND ORDER | |J E LINDERS PAINTING, |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: March 31, 1998, at 2:00 p.m. APPEARANCES: The Plaintiff appeared on her own behalf. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 31, 1998. The Plaintiff appeared on her own behalf and the Respondent appeared on his own behalf. 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. Plaintiff is an “injured person” as defined by statute and is 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 this 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 presented at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the total sum of $3,762.00 representing the lowest complete bid from a licensed contractor for needed corrective work on the Plaintiff’s residence.

CONCLUSIONS OF LAW

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

2. The within record supports an award to the Plaintiff in the sum of $3,762.00.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiff in the sum of $3,722.00 for damages. Dated this 17th day of April, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1998 to:

Michael Goldwater, Director Registrar of Contractors Attn: Joyce Armijo 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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