ALJDEC

98F-T0827-ROC · Registrar of Contractors · 1999-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JEAN M. WAAGE, |§|CASE NO.: T98-0827 | | |§|W98-0827 | |Complainant, |§| | | |§|DOCKET NO.: 98F-T0827-ROC | |-v- |§|98F-T0827-ROC | | |§| | |License No. 124531, Class C-61 of|§| | |Cornerstone Aluminum Company |§| | |d.b.a. AMERICAN EXTERIORS (CORP) |§|RECOMMENDED | |and |§|DECISION AND ORDER | | |§| | |License No. 053679,Class C-61of |§| | |AMERICAN EXTERIORS (CORP) |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: December 7, 1998, at 1:30 p.m. and March 22, 1999, at 9:00 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its qualifying party, Joseph Dameron. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on December 7, 1998 and March 22, 1999. The Complainant appeared on her own behalf and the Respondent appeared through its qualifying party, Joseph Dameron. 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’s License No. 053679 was canceled on July 2, 1997. License No.124531 was issued on July 2, 1997 and is current. Although the Respondent maintains a current contractor’s license it no longer performs construction work.

2. This is a residential matter where the Complainant purchased a new manufactured residence. As part of the purchase agreement, the Seller agreed to have a storage shed and porch awnings constructed for the residence.

3. The Seller retained the licensed Respondent to construct the new awnings and retained an unlicensed individual to construct the storage shed.

4. Based upon credible evidence, presented at hearing, it is found that the Seller did aid and abet an unlicensed person to evade the provisions of applicable state statues. However, there was no credible evidence that the Seller of the manufactured residence had any connection with the Respondent other than the construction agreement for the Respondent to construct the awnings around the Complainant’s residence.

5. Credible evidence established that the Complainant paid the unlicensed individual directly for his construction of the storage shed.

6. The Complainant was dissatisfied with the workmanship of the storage shed and the awnings and filed a formal complaint, against the Respondent, with the Registrar of Contractors.

7. 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 awnings of the Complainant’s residence.

8. The Complainant disagreed with the scope of the assigned inspector’s corrective work order asserting that the Respondent should also be responsible for correcting the workmanship on the storage shed.

9. There was no dispute that the storage shed was poorly constructed and that it requires complete replacement.

10. Credible evidence, produced at hearing, established that the Respondent did not construct the storage shed and is not responsible for its proper replacement.

11. The Respondent did construct the awnings around the residence.

12. Credible evidence, presented at hearing, established that the awnings do not comply with applicable workmanship standards.

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

14. The Respondent shall cause the awnings to be properly repaired or replaced.

15. 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) (23) and (3); namely, Rule R4-9- 108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-61 (No. 124531 and No. 053679) Licenses be revoked.

It is further recommended that if the Respondent submits proof that it has properly accomplished the proper repair or replacement of the Complainant’s awnings, on or before the effective date of this Order, then the above provided License revocations shall not take place and Citation Nos. T98- 0827 and W98-0827 shall be closed.

Dated this 2nd day of April, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1999 to:

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

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