ALJDEC

98F-T0527-ROC · Registrar of Contractors · 1998-09-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |JOHN AND CAROL ERRICO, |§|CASE NO.: t98-0527 | | |§| | |Complainants, |§|DOCKET NO.: 98-t0527-roc | | |§| | |-v- |§| | | |§| | |License No. 097378, Class C-30 of|§|RECOMMENDED | |Roger Louis Stern d.b.a. |§|DECISION AND ORDER | |AMERICAN KITCHEN CABINETS (OWN), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: August 20, 1998, at 1:30 p.m. APPEARANCES: The Complainants appeared through their attorney, Melissa Errico. The Respondent appeared through his attorney, Brenda Lee. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 20, 1998. The Complainants appeared through their attorney, Melissa Errico, and the Respondent appeared through his attorney, Brenda Lee. 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-30 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent installed new kitchen cabinets in the Complainants’ residence.

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.

5. The only item of the complaint presented at hearing related to the cabinet shelving. The Complainants assert that the cabinet shelving fails to conform to applicable industry standards in that the cabinet shelves are represented as being water resistant when in fact the cabinet shelves experience water damage after very short exposure times to moisture.

6. The assigned agency inspector viewed the shelving during his on-site inspection, he observed some moisture damage to the shelving but declined to issue a corrective work order, regarding the shelving, on the basis that the cabinet shelving was supposed to be water resistant not waterproof and that, consequently, the shelving complied with applicable industry standards.

7. The Complainants disagreed with the assigned inspector regarding this issue and requested a formal hearing.

8. Credible evidence, presented at hearing, established that the manufacturer represents that the shelves are laminated with a white laminate which is resistant to water and household chemicals.

9. There was insufficient credible evidence presented to support any finding of a manufacturing defect in the construction of the shelving.

10. There was no credible evidence of any violation of applicable workmanship standards in the installation of the cabinet shelving.

11. 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.T98-0527 be dismissed.

Dated this 1st day of September, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of September, 1998 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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