ALJDEC

99F-H0223-ROC · Registrar of Contractors · 1999-11-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |LARRY D. ENDLINE, |§|CASE NO.: H99-0223 | | |§| | |Complainant, |§|DOCKET NO.: 99F-H0223-ROC | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No.126590, Class L-09 of|§| | |John Richard Blackthorn d.b.a. R |§| | |AND R CONCRETE (Indiv.), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: October 26, 1999, at 11:00 a.m. APPEARANCES: The Complainant appeared through his attorney, Whitney Cunningham. The Respondent appeared on his own behalf. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 26, 1999. The Complainant appeared through his attorney, Whitney Cunningham, 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 L-09 License issued by the Registrar of Contractors.

2. This is a commercial matter where the Respondent performed construction work as a concrete subcontractor on a commercial building being constructed by the Complainant for a utility company.

3. Shortly after taking possession of the completed commercial building the utility company experienced concrete cracking in the floor of the commercial building.

4. The Complainant then examined the concrete flooring and determined that the Respondent had failed to install specified wire mesh in approximately two-thirds of the concrete flooring.

5. When the Respondent failed to replace the concrete flooring the Complainant 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 and issued a written corrective work order directing the Respondent to perform designated corrective work on the concrete flooring in the commercial building.

7. The Respondent does not dispute the fact that the plans and specifications for the concrete work in the commercial building specify that wire mesh was to be installed in all of the concrete flooring.

8. The Respondent does not dispute the fact that wire mesh was left out of the construction of approximately two-thirds of the concrete flooring in the commercial building.

9. Credible evidence, presented at hearing, established that the Respondent did attempt to gain access to the commercial building to perform corrective action on the concrete floors in an attempt to comply with the terms and conditions of the corrective work order.

10. There was no dispute that the owner of the commercial building denied access to both the Respondent and the Complainant.

11. The concrete flooring in the commercial building does not comply with plans and specifications. The Respondent shall properly correct the concrete flooring.

12. The Respondent shall tender a written offer to the owner of the commercial building to properly correct the concrete flooring. The Respondent shall give at least 72 hours of any date selected to perform the corrective action on the concrete flooring. Any unreasonable denial of access to the commercial building may be treated as the substantial equivalence of compliance and may result in this matter being closed.

13. 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) and (3); namely, Rule R4-9-108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class L-09 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly accomplished the proper correction of the concrete flooring in the commercial building.

It is further recommended that if the Respondent properly accomplishes the above described corrective action, on or before the effective date of this Order, then the above provided License suspension shall not take place and Citation No.H99-0223 shall be closed.

Dated this 11th day of November, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Administrative Law Judge M. Douglas

Original mailed this day of November, 1999 to:

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

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