ALJDEC

98F-M0827-ROC · Registrar of Contractors · 1998-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 1998 APPEARANCES: Ethel Harris, Complainant’s president, on behalf of Complainant; Respondent did not appear at the hearing ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

FINDINGS OF FACT 1. Complainant and Respondent entered into an oral contract whereby Complainant would provide delivery and hauling of materials to certain jobsites as requested by Respondent on a job by job basis during 1997. 2. Pursuant to the above-mentioned contract, Complainant performed delivery and hauling services for Respondent on numerous jobsites during 1997. For each job, Complainant completed paperwork that was signed by a representative for the Respondent. By signing that paperwork, Respondent accepted the time and charges for the work performed on each job and agreed to a finance charge of 18% per annum for all amounts billed but unpaid for work completed by Respondent. 3. The evidence showed that for the work Complainant performed for Respondent pursuant to the above-mentioned contract, Complainant provided Respondent with a statement showing that the total amount billed to Respondent was $100,137.70. 4. The evidence established that Respondent has paid Complainant the sum of $79,464.90, leaving an outstanding principal balance of $20,672.80 that Respondent owes the Complainant. 5. The complaint filed by Complainant shows the amount due on the contract as being the sum of $23,762.80. Basic principles of due process limit Complainant’s recovery to no more than that figure as Respondent had notice that the $23,762.80 sum would be at issue in this proceeding. 6. The Respondent did not present any evidence to refute or rebut the evidence presented by the Complainant. CONCLUSIONS OF LAW The evidence of record established that Respondent violated the provisions of A.R.S. §32-1154(A)(7) and (11). The evidence of record failed to establish that Respondent violated the Provisions of A.R.S. §32- 1154(A)(23). RECOMMENDED ORDER Based on the above, it is recommended, commencing on the effective date of the Order entered in this matter, that the ClassL-57 license of Respondent be suspended until the Registrar of Contractors receives written proof that Respondent has tendered the sum of $23,762.80 to Complainant. It is further recommended that if Respondent complies with the above, on or before the effective date of the Order entered in this matter, the above license suspension not take place. Done this day, August 17 , 1998.

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826