ALJDEC

99F-150-ROC · Registrar of Contractors · 1999-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pursuant to notice, a formal hearing was held in this case on August 10, 1999, in Phoenix, Arizona, before Neal H. Jordan, Administrative Law Judge of the Office of Administrative Hearings.

APPEARANCES For Plaintiff: Martin Flosi, pro se For Defendant: Failed to Appear and Defend For Recovery Fund: Phil Coscia, Inspector

FINDINGS OF FACT Based upon all the evidence of record, the following findings of fact are determined: 1. Defendant’s contracting license has been previously revoked by a final Order of the Registrar of Contractors. Such revocation is determined to render this Defendant unable to remedy the violation of the state’s contracting laws which gave rise to the instant claim for damages. 2. The Registrar of Contractors has received advance notification of the existence and amount of Plaintiff’s claim for an administrative payout from the Residential Contractor’s Recovery Fund (“Recovery Fund”) and does not contest the payment of an award as claimed. 3. This hearing was convened following Defendant’s written request for a formal evidentiary hearing. But for Defendant’s request for the hearing, this hearing would not have been noticed or convened and the Recovery Fund would have paid the claim of Plaintiff without contest. 4. Plaintiff claims an award in the sum of $6,800.00 from the Recovery Fund. 5. Defendant’s failure to appear for the duly noticed and scheduled hearing is deemed to be an implied withdrawal of any objection to the Recovery Fund’s approval to make an award of Plaintiff’s claim in the amount of $6,800.00. 6. Based upon the entire file, administrative notice being taken thereof, and the undisputed evidence testified to at the hearing, it is found that a proper and reasonable award payable to Plaintiff from the Recovery Fund is $6,800.00.

CONCLUSIONS OF LAW 1. Plaintiff is determined to be a “person injured” as that term is defined in A.R.S. § 32-1131 (3). 2. The evidence in this case affirms that the Registrar of Contractors is empowered to determine and award a payment to Plaintiff from the Recovery Fund pursuant to A.R.S. § 32-1154(E). 3. The record supports an award to Plaintiff in the amount of $6,800.00, which amount shall be charged against Defendant and/or persons on the license of Defendant, as provided for in A.R.S. § 32-1139(B).

RECOMMENDED ORDER In view of the foregoing, it is recommended on the effective date of the Order entered in this matter that the Registrar of Contractors shall commence and finalize payment procedures from the Contractors’ Residential Recovery Fund of an award to Plaintiff in the amount of $6,800.00. DONE AND ENTERED this day, August 10, 1999

______________________________________ Neal H. Jordan Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1999, to:

Registrar of Contractors Mr. Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

Martin Flosi 11411 N. 104th Street Scottsdale, AZ 85260

Sun West Development Co., Inc. 8625 Via Del Palacio Scottsdale, AZ 85260

By ___________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826