ALJDEC

98F-252-ROC · Registrar of Contractors · 1998-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 15, 1998 APPEARANCES: Plaintiffs appeared through Co-Plaintiff, Roger Stellmach and Defendant failed to appear. The Contractors’ Recovery Fund was not represented at the hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

FINDINGS OF FACT

1. Defendant's contracting license has been previously suspended by final Order of the Registrar of Contractors in a prior license disciplinary matter involving the parties named herein (Registrar of Contractors case no. 97-0272). Such suspension is determined to render this Defendant unable 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 $4,235.00 from the Contractors' Recovery Fund. 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. A review of the Order issued in the aforementioned Registrar of Contractors’ case no. 97-0272 reveals that the Registrar had previously adjudicated and liquidated the amount of monetary damages attributable to Defendant and imposed said monetary damages as a restitution condition in said Order. In case no. 97-0272 Defendant was ordered to pay Plaintiffs the sum of $4,235.00 as a condition to avoid the imposition of the aforementioned license suspension. The Order issued in Registrar of Contractors’ case no. 97-0272 is a final order of the Registrar involving the same parties named herein and therefore, is not subject to appeal or collateral attack, by either of the original parties, in the instant Contractors’ Recovery Fund hearing. 7. 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 $4,235.00.

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 Plaintiffs 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 $4,235.00, 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).

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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 Plaintiffs in the amount of $4,235.00.

Done this day, June 18, 1998.

_______________________________ MARK A. SILVER Administrative Law Judge

Original transmitted by mail this ____ day of June, 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