ALJDEC

98F-2237-ROC · Registrar of Contractors · 1998-08-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 4, 1998 APPEARANCES: Complainant appeared through its corporate secretary/ treasurer, Rebecca Compton and Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Complainant and Respondent entered into an agreement wherein Complainant was to perform specified plumbing work on behalf of Respondent. The work in question initially involved the installation of hose bibs; however, while Complainant was still on the jobsite, Respondent requested that Complainant repair a plumbing leak in the kitchen, install a garbage disposal, reverse osmosis system and a water chiller. 2. Evidence of record established that Complainant completed the above-described work in the latter part of July 1997 and, as a direct result thereof, on July 23, 1997 mailed a billing to Respondent for the sum of $1,708.00. 3. At or about the same time as the aforementioned plumbing work was performed at the original jobsite, Respondent requested that Complainant also perform some minor plumbing work at another jobsite. This additional work involved repairing a leak in a pipe for a jacuzzi and a leaking plumbing line attached to a water softener. The cost for these repairs totaled $140.00. 4. The uncontroverted evidence of record established that Respondent has failed to pay Complainant any portion of the total sum claimed herein ($1,848.00) despite repeated billings by Complainant and numerous phone calls. Moreover, it is very important to note, by way of aggravation, that on two separate occasions Respondent contacted Complainant to advise that payment would be made forthwith. Notwithstanding these representations from Respondent regarding an immediate intent to pay Complainant, no payment was ever tendered. 5. By its default in appearance at the scheduled hearing, Respondent failed to present any evidence in defense or in mitigation of the charges presented herein.

CONCLUSIONS OF LAW

1. Undisputed evidence of record established that Respondent violated the provisions of A.R.S. § 32-1154A (7), and (11). 2. The instant record was devoid of any facts necessary to establish a finding that Respondent violated the provisions of A.R.S. § 32-1154A (23).

RECOMMENDED ORDER

In view of the foregoing it is recommended, commencing on the effective date of the Order entered in this matter, that the Class B-03 license of Respondent shall be suspended until the Registrar of Contractors receives written proof that Respondent has paid or tendered the sum of $1,848.00 to Complainant. It is further recommended that if Respondent pays $1,848.00 to Complainant on or before the effective date of the Order entered in this matter, then the aforementioned license suspension shall not take place. It is further recommended, in addition to the foregoing license suspension, if any, that Respondent’s Class B-3 license be placed on active suspension for a period of seven (7) days, followed immediately by a period of 180 days disciplinary probation. This additional disciplinary penalty shall commence on the effective date of the Registrar’s Order or the date on which notice of Respondent’s compliance with the terms of this Order is filed with the Registrar, whichever is later. It is further recommended, in addition to the above provided penalties, if any, that any restoration of Respondent’s rights to resume contracting, whether or not probationary, shall be subject to a condition that Respondent first post an additional surety bond, cash deposit or alternative deposit for a period of twenty-four (24) months, including future renewal periods, in the amount of $1,500.00, such bond or deposit to be in addition to the required surety bond or cash deposit set forth in A.R.S. § 32-1152 (D). Cash or alternative additional deposits, if utilized, shall be returned only after the expiration of an additional two year period following the above-provided twenty-four (24) month period and only if no claims are then pending. Done this day, August 10, 1998

_________________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of August, 1998, to:

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