ALJDEC

99F-023-ROC · Registrar of Contractors · 1999-01-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|MICHAEL BENHASE, |§|CASE NO.: 99/023 | | |§| | |Plaintiff, |§|DOCKET NO.: 99f-023-roc | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 0616671, Class B- of |§|DECISION AND ORDER | |David Alan Bushell d.b.a. |§| | |BUSHELL BUILDERS (INDIV), |§| | | |§| | |Defendant. |§| | | |§| |

HEARING: January 7, 1999, at 1:30 p.m. APPEARANCES: The Plaintiff appeared on his own behalf. The Defendant appeared through his attorney, Evan Thompson. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 7, 1999. The Plaintiff appeared on his own behalf and the Defendant appeared through his attorney, Evan Thompson. 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. The Plaintiff is an “injured person” as defined by stature and is entitled to receive payment from the Contractors’ Recovery Fund for damages sustained as a result of the Defendant’s acts or omissions.

2. The Defendant’s contracting license has been previously revoked by Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violations of the State’s contracting laws which gave rise to the instant claim for damages.

3. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiff from the Contractors’ Recovery Fund is the sum of $5,295.71, representing the total of the low bid of $4,660.71 for corrective action for the Plaintiff’s roof and the sum of $635.00 for the low bid for repairing interior moisture damage in the Plaintiff’s residence.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this matter, the Registrar of Contractors is empowered to determine and award proper payment to the Plaintiff from the Contractors’ Recovery Fund pursuant to A.R.S. §32- 1154(E).

2. The credible evidence of record supports an award to the Plaintiff in the total sum of $5,295.71 all of which shall be appropriately chargeable against the Defendant and/or persons on the Defendant’s License as set forth in A.R.S. §32-1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Registrar of Contractors shall commence and finalize payment procedures form the Contractors’ Recovery Fund to the Plaintiff in the amount of $5,295.71 for damages.

Dated this 15th day of January, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of January, 1999, to:

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

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