ALJDEC

97F-L0249-ROC · Registrar of Contractors · 1997-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 4, 1997. APPEARANCES: Lance Erler, Complainant, appeared on his own behalf. Murray V. Dolan appeared representing Keith Williams, Respondent, doing business as Oasis Floors and Design Center and holder of Class L-08 license no. 111634.

ADMINISTRATIVE LAW JUDGE: Kip M. Micuda _____________________________________________________________________ The hearing in this matter was held for the purpose of determining whether Respondent violated state law as alleged by Complainant and as cited by the Registrar of Contractors (“Registrar”). Evidence and argument were presented and, based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Decision are made:

FINDINGS OF FACT 1. Lance Erler, Complainant, owns a home at 3265 Hassyampa, Lake Havasu City, Arizona. 2. Keith Williams, Respondent, is holder of Class L-08 license no. 111635

and does business as Oasis Floors and Design Center. 3. The instant matter arises out of Complainant’s Complaint filed with the Registrar that Respondent engaged in unworkmanlike efforts when he installed carpet in Complainant’s home. 4. After inspecting Complainant’s home, Bill Spence, Inspector for the Registrar, issued a Corrective Work Order (“CWO”), ordering Respondent to correct the ripples in the carpet. (Attached hereto as Attachment A). 5. During the hearing in this matter, Respondent stipulated that the CWO is reasonable and justified. Respondent also stated that he would comply with the CWO.

APPLICABLE LAW A.R.S. §32-1154A provides, in relevant portions, that a holder of a license or a person listed on a license shall not commit the following: 3. Violation of any rule adopted by the Registrar.[1] xxx 7. The doing of a wrongful or fraudulent act by the licensee as a contractor resulting in another person being substantially injured. xxx 23. Failure to take corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving written directive from the Registrar.

CONCLUSIONS OF LAW 1. To warrant action by the Registrar pursuant to the statutes above, Complainant must demonstrate by a preponderance of the evidence that Respondent violated any one of the statutes. 2. Complainant fails his burden to demonstrate any fraudulent conduct on the part of Respondent. 3. With respect to Respondent’s alleged wrongful conduct and unworkmanlike efforts, Complainant sustains his burden of demonstrating a violation, in light of Respondent’s stipulation; that is, Complainant demonstrates sufficient evidence that Respondent violated both A.R.S. § 32- 1154A(7) or A(3), namely A.A.C. R4-9-108. 4. With respect to Respondent’s alleged failure to take corrective action without good cause, Complainant fails his burden of demonstrating a violation.

RECOMMENDED DECISION In view of the foregoing, it is recommended commencing on the effective date of the final order of the Registrar in this matter, that Respondent ’s Class L-08 license, no. 111634, be suspended. It is further recommended that Respondent have an opportunity to avoid suspension of his license. If Respondent makes the corrections noted in the CWO (Attachment A) on or before the expiration of fifteen (15) days after the final order’s effective date, then no license suspension shall take place and the instant Citation and Complaint shall be closed. Done this day, November 14, 1997.

______________________________________ Kip M. Micuda Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1997, to:

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

By ___________________________ ----------------------- [1] Specifically A.A.C. R4-9-108 provides that all work shall be done in a workmanlike manner. Workmanlike manner is described to be compliance with local building codes of express application to the type of work done and complained of.

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