ALJDEC

99F-148-ROC · Registrar of Contractors · 1999-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|SARA R. HATCH, |§|CASE NO.: 99/148 | | |§| | |Plaintiff, |§|DOCKET NO.: 99f-148-roc | | |§| | |-v- |§| | | |§| | |License No.114154, Class B- of |§|RECOMMENDED | |SILVERADO CONSTRUCTION INC., |§|DECISION AND ORDER | | |§| | |Defendant, |§| | | |§| |

HEARING: July 15, 1999, at 11:30 a.m. APPEARANCES: The Plaintiff appeared on her own behalf. The Defendant failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on July 15, 1999, pursuant to notice duly sent to all parties. The Plaintiff appeared on her own behalf. The Defendant failed to appear. 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 found to be an “injured person” as defined by statute and is found to be 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, for the Plaintiff’s actual damages, is the sum of $15,900.00 representing the lowest bid from a properly licensed contractor for directed corrective action on the Plaintiff’s residence.

CONCLUSIONS OF LAW

1. A.R.S. §32-1132(A) provides, in part, as follows: “There is established the residential contractors’ recovery fund,…, from which any person injured by an act, representation, transaction or conduct of a residential contractor, which is in violation of this chapter or the rules adopted pursuant to this chapter, may be award in the county where the violation occurred an amount of not more than twenty thousand dollars for damages sustained by the act, representation, transaction or conduct. An award from the fund is limited to the actual damages suffered by the claimant as a direct result of the residential contractor’s violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines…,”.

2. 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).

3. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiff in the sum of $15,900.00, 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 from the Contractors’ Recovery Fund to the Plaintiff in the total amount of $15,900.00 for damages.

Dated this 30th day of July, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas Administrative Law Judge

Original mailed this day of July, 1999 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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