ALJDEC

99F-1597-ROC-rhg · Registrar of Contractors · 2000-01-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REHEARING: January 12, 2000 APPEARANCES: The Complainant appeared personally. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ The commencement of the scheduled rehearing was delayed 15 minutes to allow for the late arrival of Respondent’s owner or an attorney representing Respondent. 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. Complainant and Respondent had previously entered into a settlement agreement in Docket No. 99F-1597-ROC. The terms of that settlement agreement were incorporated into the Recommended Decision of Administrative Law Judge, which was adopted by the Registrar of Contractors. 2. Complainant filed a request for a rehearing alleging that Respondent failed to timely complete the agreed upon remedial work. The scope of remedial work mutually agreed upon by the parties is outlined in their settlement agreement dated July 9, 1999, a copy of which is attached to and made a part of this Recommended Decision. 3. The Registrar of Contractors granted Complainant’s request for rehearing. The Registrar sent a Notice of Rehearing to the parties. Respondent’s notice was mailed to 6222 South 12th Place, Phoenix, Arizona 85040-4404. A review of the official records of the Registrar of Contractors reveals that the foregoing address is Respondent’s official address of record. 4. Respondent is found to have failed to perform and complete the scope of work identified in the parties’ July 9, 1999, agreement to minimum workmanship standards. 5. Respondent is deemed to have committed a wrongful act by failing to complete the scope of remedial work described in the parties’ July 9, 1999, agreement. The failure of Respondent to perform the remedial work within the agreed upon time limits is found to have substantially injured Complainant. 6. Respondent caused subsequent damage to Complainant’s residence during his uncompleted attempts to perform the remedial repairs. The areas damaged during those remedial repairs are outlined in an Addendum dated January 10, 2000, a copy of which is attached to and made a part of this Recommended Decision. 7. Respondent is found to have failed to comply with the Corrective Work Order issued by the Registrar’s inspector as to those items contained in the parties’ July 9, 1999, agreement. 8. There are two influential matters in mitigation of Respondent’s acts or omissions which should be considered when contemplating any disciplinary penalties against Respondent. Respondent has serious health problems. In addition, a review of the records of the Registrar of Contractors reveals that Respondent has had a very good history as a licensed contractor. CONCLUSIONS OF LAW

1. The evidence of record is adequate to establish that Respondent has violated the provisions of A.R.S. §32-1154(A)(7), (23) and (3); namely Rule R4-9-108. 2. Pursuant to A.R.S. §32-1154(E), the Registrar may, but is not required to, impose a civil penalty on a contractor for each violation of A.R.S. §32-1154(A). Under all the circumstances, and given Respondent’s serious health condition and good history as a licensed contractor, a civil penalty should not be imposed upon Respondent.

RECOMMENDED ORDER

In view of the foregoing, it is recommended commencing on the effective date of the Order entered in this matter that Respondent’s Class C-34 license shall be suspended until the Registrar of Contractors receives written proof that the items set forth in the parties’ July 9, 1999, agreement and the addendum dated January 10, 2000, the terms of which are incorporated herein by reference and attached hereto, have been appropriately rectified by Respondent. Respondent may perform the corrective work himself or cause the work to be performed to minimum workmanship standard, at his sole cost and expense, by a properly licensed contractor. It is further recommended that if Respondent properly accomplishes the aforesaid corrective work, or causes the work to be performed by a properly licensed contractor, on or before the effective date of the Order entered in this matter, then the above-provided license suspension shall not take place and the Citation and Complaint in this matter shall be closed.

Done this day, January 18, 2000

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

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

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826