ALJDEC

98F-262-ROC · Registrar of Contractors · 1998-03-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |BARNEY L MONTGOMERY, |§|CASE NO.: 98/262 | | |§| | |Plaintiff, |§|DOCKET NO.: 98f-262-roc | | |§| | |-v- |§| | | |§| | |License No.089508, |§|RECOMMENDED | |Class C-39R of |§|DECISION AND ORDER | |Kenneth Paul Leamond d.b.a. |§| | |KEN’S KOOLING (INDIV.), |§| | | |§| | |Defendant. |§| | | |§| | | |§| | | |§| |

HEARING: March 16, 1998, at 8:30 a.m. APPEARANCES: The Plaintiff appeared on his own behalf. The Defendant failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 16, 1998, pursuant to notice duly sent to all parties. The Plaintiff appeared on his own behalf and the Defendant failed to appear. 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. Plaintiff is an “injured party” as defined by statute and is entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages.

3. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the sum of $117.50, representing the amount paid to the Defendant for which no work was performed.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E).

2. The within record supports an award to the Plaintiff in the sum of $117.50, all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s 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 this Order, that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiff in the amount of $117.50.

Dated this 16th day of March, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 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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