ALJDEC

99F-3016-ROC · Registrar of Contractors · 1999-10-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 19, 1999 APPEARANCES: Natividad Martinez and Martha Martinez appeared on their own behalf with Laurie Garcia as interpreter; Respondent did not appear at the hearing ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT On April 24, 1998, Natividad and Martha Martinez (“Complainants”) entered into a contract (“Contract”) with Hispanic Air Conditioning and Heating, Inc. (“Respondent”) to install a new air-conditioning system at Complainants’ home (“Home”) . As a result of certain problems Complainants had with Respondent, they filed a complaint against Respondent with the Registrar of Contractors. On May 13, 1999, Registrar of Contractors’ Inspector Mel Purchase performed a jobsite inspection of the Home. Inspector Purchase noted the following in a Corrective Work Order issued in this matter: d. Respondent had cut trusses and webbing in the attic and caused structural damage to the Home; Respondent was to remove air handler, have trusses engineered; all work to be performed by a properly licensed contractor; e. The air handler installed by Respondent was leaking; the Respondent was to remove the air handler in the attic and install a roof unit; f. Respondent had cut access holes in a bedroom ceiling; the holes were not properly framed and were placed in an improper location; Respondent was to remove the access hole and replace insulation, repair drywall; all work was to be performed by a properly licensed contractor; g. As a result of Respondent’s work at the Home, drywall repairs and painting needed to be performed; all work t be performed by a properly licensed contractor; h. Respondent needed to obtain a new building permit to have the structural repairs performed; Respondent needed to obtain all required city inspections for such work; During the jobsite inspection, Respondent agreed to perform all of the above-mentioned remedial work and to refund Complainants the sum of $1,000.00. The above-mentioned Corrective Work Order was issued on May 19, 1999, requiring Respondent to perform remedial work as mentioned above in paragraph 3 within 15 calendar days of issuance of the Order. On October 14, 1999, Inspector Purchase performed a prehearing inspection of the Home and observed that none of the work required in the Corrective Order had been performed. Inspector Purchase testified that the only work performed by Respondent since issuance of the Corrective Work Order was that an engineer had spoken to Respondent about repairing the trusses and had prepared drawings. Inspector Purchase spoke with the engineer, who admitted the drawings were not acceptable because he had prepared them without knowing that the air handler was still in the attic. He learned that information from Inspector Purchase. Inspector Purchase testified that Respondent performed work at the Home that was outside the scope of Respondent’s license, that Respondent’s work at the Home did not meet minimum workmanship standards, and that Respondent has failed to comply with the Corrective Work Order. The testimony of Inspector Purchase, as set forth above, is determined to be credible. Respondent failed to present any evidence to refute or rebut the evidence presented by Complainants. CONCLUSIONS OFLAW The evidence of record establishes that Respondent violated A.R.S. §32-1154 (A)(2),(7),(17),(23), and (3), namely, A.A.C. R4-9-108. RECOMMENDED ORDER It is recommended that the Director of the Registrar of Contractors revoke Respondent’s Class C-39 license. Done this day, October , 1999

______________________________________ Lewis D. Kowal Administrative Law Judge

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

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

ATTN: Joyce Armijo

By ___________________________

-----------------------

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