ALJDEC

99F-326-ROC · Registrar of Contractors · 1999-06-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CAROLE BROWN AND DEWEY BROWN, |§|CASE NO.: 99/326 | | |§| | |Plaintiffs, |§|DOCKET NO.: 99F-326-ROC | | |§| | |-v- |§| | | |§| | |License No. 122525, Class C-08 of|§|RECOMMENDED | |James Roy Cavell d.b.a. |§|DECISION AND ORDER | |ABSOLUTE CARPET INSTALLATIONS |§| | |(INDIV), |§| | | |§| | |Defendant, |§| | | |§| | | |§| |

HEARING: June 7, 1999, at 1:30 p.m. APPEARANCES: The Plaintiffs appeared through Dewey Brown. The Defendant appeared through his attorney, Neil Eckel. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on June 7, 1999. The Plaintiffs appeared through Dewey Brown. The Defendant appeared through his attorney, Neil Eckel. 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 Plaintiffs are found to be an “injured person” as defined by statute and are 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 suspended by Order of the Registrar of Contractors for the Respondent’s failure to comply with a prior Order of the Registrar of Contractors in Case No. T98-0447(a disciplinary matter involving these same parties) and is currently also on suspended and delinquent status for the Respondent’s failure to post a required bond.

3. Credible evidence established that the Defendant has failed, refused, or been unable to comply with the prior Order of the Registrar of Contractors to remedy the found violations.

4. Based upon credible evidence produced at hearing, it is found that a proper and reasonable amount payable to the Plaintiffs from the Contractors’ Recovery Fund, for the Plaintiffs’ actual damages, is the sum of $4,180.00 representing the lowest complete bid for required corrective action on the Plaintiffs’ 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 awarded 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. A.R.S. §32-1154(E) provides as follows: “Notwithstanding any other provisions in this chapter, if a contractor’s license has been revoked or has been suspended as a result of an order to remedy a violation of this chapter, the contractor refuses or is unable to comply with the order of the registrar to remedy the violation, the registrar may order payment from the residential contractors’ recovery fund to remedy the violation. The contractor or injured person may seek judicial review of the registrar’s award pursuant to tile 41, chapter 6, article 10.”

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

4. The credible evidence of record supports an award from the Contractors’ Recovery Fund to the Plaintiffs in the sum of $4,180.00 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 Plaintiffs in the total amount of $4,180.00 for damages.

Dated this 16th day of June, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of June, 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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