ALJDEC

98F-422-ROC · Registrar of Contractors · 1999-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CLARA AND WARREN SMITH, |§|CASE NO.: 98/422 | | |§| | |Plaintiffs, |§|DOCKET NO.: 98f-422-roc | | |§| | |-v- |§| | | |§| | |License No. 097792, Class B- of |§|RECOMMENDED | |PARADISE HILLS DEVELOPMENT INC. |§|DECISION AND ORDER | |(CORP), |§| | | |§| | |Defendant, |§| | | |§| |

HEARING: February 26, 1999, at 8:30 a.m. APPEARANCES: The Plaintiffs appeared through their attorney, Steven Moss. The Defendant failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 26, 1999, pursuant to notice duly sent to all parties. The Plaintiffs appeared through their attorney, Steven Moss. 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. The Plaintiffs are found to be an “injured person” as defined by statute and are found to be entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. The 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 Plaintiffs from the Contractors’ Recovery Fund, for the Plaintiffs’ actual damages, is the sum of $1,979.25 representing the low bid for needed corrective action on the Plaintiffs’ residence.

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 Plaintiffs from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E).

2. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiff in the sum of $1,979.25, 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 that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Recovery Fund to the Plaintiff in the total amount of $1,979.25, for damages.

Dated this 10th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS 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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