ALJDEC

99F-H0114-ROC · Registrar of Contractors · 1999-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |PAUL A. ENZ, |§|CASE NO.: H99-0114 | | |§| | |Complainant, |§|DOCKET NO.: 99F-H0114-ROC | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No.116728, Class B-02 of|§| | |COLETTI’S CONSTRUCTION, INC., |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: August 24, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its president, John Spencer. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 24, 1999. The Complainant appeared on his own behalf and the Respondent appeared through its president, John Spencer. 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. Respondent is the holder of a Class B-02 License issued by the Registrar of Contractors. The Respondent’s License is delinquent and suspended.

2. This is a commercial matter where the Respondent applied a new urethane roof to a business next door to the Complainant.

3. There was no dispute that the two businesses share a common wall and that the two roofs meet.

4. The Complainant feels that the Respondent trespassed onto his roof and that the Respondent damaged his roof by removing structural members from the roof.

5. The Complainant then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

6. Pursuant to the filing of the formal complaint, an assigned Agency Inspector conducted an on-site inspection.

7. The assigned Agency Inspector did not find any evidence of poor workmanship and found that the complaint at issue was a dispute between two adjoining property owners.

8. The Assigned Inspector found that the Respondent performed work in accordance with its contract with the owner of the property and moved to close the complaint.

9. The Complainant then requested a formal hearing.

10. There was no credible evidence that the Respondent trespassed onto the Complainant’s roof nor was there any credible evidence that the Respondent damaged the Complainant’s roof. 11. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

12. The Respondent is formally admonished that its Class B-02 License is delinquent and suspended and that it can not do work for compensation until its License is properly removed from its current delinquent and suspended status.

CONCLUSIONS OF LAW

1. The credible evidence of record does not support any finding that the Respondent has violated the charged provisions of A.R.S. Section 32- 1154(A).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No.H99-0114, together with the Complaint upon which it is based, be dismissed.

Dated this 9th day of September, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original mailed this day of September, 1999, to:

Michael P. Goldwater, Director Attn: Valerie Hicks or Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by: -----------------------