ALJDEC

98F-T0724-ROC · Registrar of Contractors · 1998-10-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |JOE AND NORMA AGOSTTINI, |§|CASE NO.: t98-0724 | | |§| | |Complainants, |§|DOCKET NO.: 98F-T0724-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 044784, Class B-04 of|§|DECISION AND ORDER | |T S R CONTRACTING INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: October 1, 1998; at 1:30 p.m. APPEARANCES: The Complainants appeared through Joe Agosttini. The Respondent appeared through its vice-president, Dennis Smith. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 1, 1998. The Complainants appeared through Joe Agosttini and the Respondent appeared through its vice-president, Dennis Smith. 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-04 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent covered the Complainants’ rear yard with asphalt.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it 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 Complainants’ residence.

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

6. Credible evidence established that the following items constitute unacceptable workmanship and require proper corrective action by the Respondent:

g) The Respondent shall properly eliminate the ant hill and properly correct the area of the asphalt were the ant hill is.

h) The Respondent shall properly eliminate the grass growing through the asphalt and properly correct the asphalt where the grass is present.

i) The Respondent improperly paved over the Complainants’ septic system and the ground has sunk above the septic system causing a large depression in the asphalt. The Respondent shall properly remove the asphalt and then relay the asphalt in accordance with applicable county code requirements for placing asphalt over septic systems.

j) Credible evidence established that the Respondent, inadvertently, damaged the Complainants’ sidewalk. The Respondent shall cause the broken corner of the sidewalk to be properly repaired or replaced.

k) Credible evidence established that the Respondent, inadvertently, damaged the Complainants’ slump block planter. The Respondent shall cause the planter to be properly corrected.

12. The other enumerated items presented at hearing were insufficiently proven to be workmanship deficiencies.

13. 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-04 License shall be temporarily suspended until the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective action set forth above in Finding of Fact Nos. 6(a) through 6(e), inclusive.

It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No.T98-0724 shall be closed.

Dated this 22nd day of October, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of October, 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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