ALJDEC

97F-H0246-ROC · Registrar of Contractors · 1998-10-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|PAULA VAN MULLEN, |§| | | |§|CASE NO.: h97-0246 | |Complainant, |§| | | |§|DOCKET NO.: 97f-h0246-roc | |-v- |§| | | |§| | |License No. 045113, Class C-37 |§|RECOMMENDED | |of |§|DECISION AND ORDER on rehearing | |T AND F ENTERPRISES INC. |§| | |(CORP), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: October 8, 1998, at 2:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its president, Kevin White. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for rehearing on October 8, 1998. The Complainant appeared on her own behalf and the Respondent appeared through its president, Kevin White. Evidence and testimony were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order on rehearing are made:

FINDINGS OF FACT

1. Respondent is the holder of a Class C-37R License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent removed a septic tank located on property owned by the Complainant.

3. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. After the formal complaint was filed, both parties accepted mediation and a written meditation agreement was signed by both parties, a copy of which is attached hereto as an exhibit.

5. Credible evidence established that the mediation agreement was knowingly and voluntarily entered into by both parties.

6. Credible evidence, presented at hearing, established that the Respondent has failed to comply with the terms and conditions of the written mediation agreement.

7. Credible evidence established that there is $850.80 owed under the contract with the original property owner.

8. Respondent shall reinstall a septic system on the Complainant’s property in accordance with the terms of the parties’ written mediation agreement.

9. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act).

RECOMMENDED ORDER on rehearing

In view of the foregoing, it is recommended that the Respondent’s Class C-37R License shall be revoked unless the Registrar of Contractors receives proof that the Respondent has properly installed the septic system on the Complainant’s property as set forth in the parties written mediation agreement.

It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No.H97-0246 shall be closed.

Dated this 21st day of October, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 1998 to:

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

Transmitted by:

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