ALJDEC

98F-H0236-ROC · Registrar of Contractors · 1999-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|DARLENE M. DWIGGINS, |§|CASE NO.: H98-0236 | | |§| | |Complainant, |§|DOCKET NO.: 98F-H0236-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 111578, Class B- of |§|DECISION AND ORDER | |LINN CONSTRUCTION INC., |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: February 24, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its attorney, Jeff Goldberg. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 24, 1999. The Complainant appeared on her own behalf and the Respondent appeared through its attorney, Jeff Goldberg. 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 B- License issued by the Registrar of Contractors.

2. This is a residential matter where the Complainant purchased a new residence from Ron Linn during July, 1995. The parties were in sharp dispute as to whether the original purchase transaction involved Ron Linn as an individual or Ron Linn on behalf of the corporate Respondent.

3. There was no dispute that, in an attempt to resolve the original complaint, the Respondent performed corrective action on the Complainant’s residence.

4. The Complainant became dissatisfied with the corrective action performed by the Respondent and filed the complaint at issue on April 14, 1998.

5. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection. The assigned Inspector felt that the corrective work that had been performed by the Respondent was within applicable industry tolerances and declined to issued a written corrective work order.

6. Credible evidence, produced at hearing, established that the corrective action that that had been performed by the Respondent is within applicable industry tolerances.

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

CONCLUSIONS OF LAW

1. The credible evidence of record does not support any finding that the Respondent has violated the charged provisions of A.R.S. §32-1154(A). . . . . . . . . . . . . . . . RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. H98- 0236, together with the Complaint upon which it is based, be closed.

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: -----------------------