ALJDEC

99F-L0010-ROC · Registrar of Contractors · 1998-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HELENA AND EDWARD MACK, |§| | | |§|CASE NO.: l99-0010 | |Complainant, |§| | | |§|DOCKET NO.: 99f-l0010-roc | |-v- |§| | | |§|RECOMMENDED | |License No. 052839, Class C-08 of|§|DECISION AND ORDER | |DESERT FLOORS CARPET ONE INC., |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: October 29, 1998, at 2:00 p.m. APPEARANCES: The Complainants appeared through Helena Mack. The Respondent appeared through its authorized employee, Jack Malkiewicz. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on October 29, 1998. The Complainants appeared through Helena Mack and the Respondent appeared through its authorized employee, Jack Malkiewicz. 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-08 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent installed new floor covering in the Complainants’ residence.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants then filed a formal complaint, against the Respondent, with the Registrar of Contractors.

4. Credible evidence, produced at hearing, established that the carpet seam that runs through the center of the Complainants’ living room is very obvious and fails to comply with applicable industry standards.

5. Credible evidence established that the carpet seam cannot now be corrected to within minimum workmanship standards. The Respondent shall properly replace the living room carpet in the Complainants’ residence.

6. Credible evidence established that three of the Complainants’ floor tile have manufacturer’s defects in them. The Respondent shall properly replace the three defective floor tile.

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

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-08 License shall be temporarily suspended until the Registrar of Contractors receives proof that the Respondent has properly replaced the carpet in the Complainants’ living room and has properly replaced the three defective floor tile in the Complainants’ residence.

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. L99-0010 shall be closed.

Dated this 13th day of November, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of November, 1998, 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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