ALJDEC

99F-H0219-ROC · Registrar of Contractors · 1999-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| ANGELA AND MICHAEL CARLTON, |§| | | |§|CASE NO.: H99-0219 | |Complainants, |§| | | |§|DOCKET NO.: 99F-H0219-ROC | |-v- |§| | | |§|RECOMMENDED | |License No.035885, Class C-14 of|§|DECISION AND ORDER | |Ronald Norman Dean d.b.a. DEAN |§| | |FENCE (Indiv.), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: August 26, 1999, at 11:00 a.m. APPEARANCES: The Complainants appeared through Michael Carlton. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 26, 1999. The Complainants appeared through Michael Carlton and the Respondent appeared on his own behalf. 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 C-14 License issued by the Registrar of Contractors. The Respondent’s License was canceled on July 29, 1999.

2. The Respondent denies any personal involvement in this matter asserting that he sold his company to another individual who continued to use his license to perform construction work. A review of the records of the Registrar of Contractors establishes that the Respondent failed to give notice of the sale of his business to the Registrar of Contractors and either knew or should have known that an individual license can not be transferred to another individual.

3. Based upon credible evidence, produced at hearing, it is found that the Respondent is fully responsible for the construction of the block fence around the Complainants’ rear yard.

4. There was no dispute that the block wall was constructed without pre- grout, any type of reinforcement and that the Respondent failed to obtain a final inspection.

5. There was no dispute that on or about March 6, 1999, during the construction of the block fence at the Complainants’ residence a concrete truck drove over the Complainants’ septic tanks.

6. The two septic tanks were distorted and a severe environmental health hazard was created.

7. This dangerous environmental health hazard of an open septic cesspool that was created by the Respondent’s negligence not only effected the Complainants, and their six children, it effected the entire neighborhood where the Complainants live.

8. The Respondent has been given Orders the county building department, the county environmental health division, and a written corrective work order from the Registrar of Contractors.

9. The Respondent has failed to perform any work in response to any of the Orders issued to him.

10. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.

CONCLUSIONS OF LAW

1. The credible evidence of record established violations by the Respondent of the provisions of A.R.S. (32-1154 (A) (7) (Wrongful Act), (23) and (3); namely, Rule R4-9-108.

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RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-14 License be revoked.

Dated this 3rd 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:

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