ALJDEC

98F-279-ROC · Registrar of Contractors · 1999-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|O. A. RAMSAY, |(|Case No.: 98/279 | | |(| | |Plaintiff, |(|Docket No.: 98F-279-ROC | | |(| | |vs. |(| | | |(| | |License No. 114338, Class C-21 of|(|Recommended | |William Avila Lollis, d.b.a. |(|Decision and Order | |LOLLIS CUSTOM LANDSCAPING AND |(| | |IRRIGATION (INDIV), |(| | | |(| | |Defendant. |(| |

HEARING: Friday, March 5th, 1999; 1:30 p.m. Appearances: The State of Arizona, Registrar of Contractors, was represented by Ms. Eva K. Bacal, Assistant Attorney General. The Plaintiff, Mr. O. A. Ramsey, appeared telephonically. The Defendant failed to appear or be represented. Administrative Law Judge: Grant Winston

This matter was brought on for administrative hearing on Friday, March 5th, 1999. The State of Arizona, Registrar of Contractors, was represented by Ms. Eva K. Bacal, Assistant Attorney General. The Plaintiff, Mr. O. A. Ramsey, appeared telephonically. The Defendant failed to appear or be represented.

FINDINGS OF FACT

1. In this case, the Registrar of Contractors was contesting the amount of the monetary damage award to which the Plaintiff was claiming entitlement, and the viability of the business concerns who had made some of the original bids presented by the Plaintiff. The Defendant failed to appear and thus was in default. No other genuine issue of material fact was presented or contested at the hearing.

2. Immediately upon the call of the case, the Plaintiff and the Registrar announced that they had achieved a settlement of their differences of opinion over the amount of the damage award deserved by the Plaintiff.

3. It was stipulated by the Registrar and the Plaintiff that a second, amended low bid by Southwest Landscape was accurate and stated the amount of recovery for damages that should be awarded to the Plaintiff. That bid, including sales tax, amounted to $2,328.29.

Conclusions of Law

1. This hearing was held under authority of and pursuant to A.R.S. §32- 1154.E., A.R.S. §32-1156, and A.R.S. §41-1092.

2. Plaintiff is a “Person injured” as meant by A.R.S. §32-1131.

3. Under the facts and circumstances of this case, the Registrar of Contractors is authorized to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund, pursuant to A.R.S. §32- 1154.E.

4. The within record supports an award to the Plaintiff in the sum of $2,328.29, all of which is appropriately chargeable against the Defendant and/or persons on the license as set forth at A.R.S. §32- 1139.B.

Recommended Order

In view of the foregoing, it is hereby recommended that, on the effective date of this order, the Registrar of Contractors shall commence and finalize payment . . . . . . procedures form the Contractors’ Recovery Fund to Plaintiff in the amount of $2,328.29, for damages.

Dated this 10th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of March, 1999, 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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