ALJDEC

98F-021-ROC · Registrar of Contractors · 1998-04-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 10, 1998 APPEARANCES: Plaintiffs appeared on their own behalf and Defendant failed to appear. The Registrar of Contractors also did not make an appearance at the scheduled hearing. 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

1. Defendant's contracting license has been previously suspended by final Order of the Registrar of Contractors in a prior disciplinary case 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. 2. The Registrar of Contractors has received advance notification of the existence and amount of the above named Plaintiffs’ claim for an administrative payout from the Contractors' Recovery Fund and did not oppose the requested payout. 3. This hearing was convened following Defendant's express request therefor. But for Defendant's request for the hearing, the instant hearing would not have been convened and the Contractors' Recovery Fund would have paid the requested payout. 4. Plaintiffs seek to recover the sum of $20,000.00 from the Contractors' Recovery Fund. In this regard Plaintiffs submitted bids from licensed contractors, all of which were thoroughly reviewed by the Contractors’ Recovery Fund and are in excess of $20,000.00. The bids in question reflect the cost to not only complete the project but also to repair Defendant’s deficient workmanship on the project. 5. Defendant's failure to appear for the scheduled hearing is deemed to be tantamount to its implied withdrawal of any objection to the requested payout. 6. Based upon the entire file in this matter and the undisputed evidence produced at the hearing, it is found that a proper and reasonable award payable to Plaintiffs from the Contractors' Recovery Fund is $20,000.00.

CONCLUSIONS OF LAW

1. Plaintiffs are determined to be a "person injured" as that term is defined in A.R.S. § 32-1131(3). 2. 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). 3. The within record supports an award to Plaintiffs in the amount of $20,000.00, 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 that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors' Recovery Fund to Plaintiff in the amount of $20,000.00.

Done this day, April 20, 1998.

_________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of April, 1998, 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