ALJDEC

98F-H0231-ROC · Registrar of Contractors · 1999-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HEADQUARTERS REALTY, |§|CASE NO.: H98-0231 | | |§| | |Complainant, |§|DOCKET NO.: 98F-H0231-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 090998, Class C-42 of|§|DECISION AND ORDER | |David Arthur Linfor d.b.a. |§| | |D A LINFOR ROOFING (INDIV.), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: February 23, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared through its owner, Michelle DeMorales. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 23, 1999. The Complainant appeared through its owner, Michelle DeMorales, and the Respondent appeared on his own behalf. 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. Respondent is the holder of a Class C-42 License issued by the Registrar of Contractors. The Respondent’s Class C-42 License was placed on suspended status on November 18, 1998, for his lack of a required bond.

2. This is a residential matter where the Respondent installed a new roof on a rental residence for the Complainant. 3. The new roof leaked and caused extensive damage in the interior of the rental residence.

4. The Complainant was dissatisfied with the Respondent’s workmanship and his failure to correct his work despite repeated requests that he do so. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

5. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.

6. The Respondent failed to comply with the corrective work order.

7. The Complainant then filed a civil action against the Respondent and recovered a civil judgment against him. The civil judgment has now been paid in full and no further corrective action on the rental residence is required.

8. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108. . . . . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-42 License be suspended for a period of thirty (30) days.

It is further recommended that the Respondent be Ordered to pay the sum of $250.00 to the Registrar of Contractors by way of a civil penalty pursuant to A.R.S. §32-1154(D). The failure by the Respondent to pay the entire amount of the aforesaid civil penalty on or before the effective date of the Registrar’s Order herein shall result in the revocation of the Respondent’s Class C-42 License on such date.

Dated this 8th 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: -----------------------