ALJDEC

98F-H0269-ROC · Registrar of Contractors · 1999-09-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| BRANDI AND SCOTT OWENS, |§| | | |§|CASE NO.: H98-0269 | |Complainants, |§| | | |§|DOCKET NO.: 98F-H0269-ROC | |-v- |§| | | |§|RECOMMENDED | |License No.097209, Class B- of |§|DECISION AND ORDER | |George Pierce Cook d.b.a. G P C |§| | |Construction, |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: August 26, 1999, at 1:30 p.m. APPEARANCES: The Complainants appeared through Brandi Owens. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 26, 1999. The Complainants appeared through Brandi Owens 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 B- License issued by the Registrar of Contractors. The Respondent’s Class B- License was canceled on April 29, 1999.

2. This is a residential matter where the Respondent constructed a new residence for the Complainants.

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

4. 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.

5. The Respondent failed to substantially comply with the terms and conditions of the corrective work order.

6. The Complainants amended their complaint prior to the hearing. The assigned Agency Inspector did perform another on-site inspection for the new items, although no corrective work order was issued. The assigned Agency Inspector testified that he did observe the new items and testified that the new items failed to comply with minimum applicable minimum industry standards.

7. Credible evidence established that the Respondent performed “field modifications” on roof trusses near the porch area of the residence.

8. Credible evidence, presented at hearing, established that these field modifications were performed on pre-engineered trusses without a qualified structural engineer’s inspection, stamp and seal.

9. Credible evidence established that modifying pre-engineered trusses without a qualified engineer’s inspection, stamp and seal, presents a potential health and safety danger.

10. 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 B- License be revoked.

Dated this 7th day of September, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original mailed this day of September, 1999, to:

Michael P. Goldwater, Director Attn: Valerie Hicks or Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by: -----------------------