ALJDEC

99F-L0125-ROC · Registrar of Contractors · 1999-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

| |§| | |RUSSELL & PATRICIA ANTEAU, |§|CASE NO.: L99-0125 | | |§| | |Complainants, |§|DOCKET NO.: 99F-L0125-ROC | | |§| | |-v- |§|RECOMMENDED | | |§|DECISION AND ORDER | |License No.133384, Class B- of |§| | |HOMES BY BOB JANECEK L L C (LLC),|§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| | | |§| | | |§| |

HEARING: August 25, 1999, at 11:00 a.m. APPEARANCES: The Complainants appeared through Patricia Anteau. The Respondent appeared through its attorney, Phillip Krueger. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 25, 1999. The Complainants appeared through Patricia Anteau and the Respondent appeared through its attorney, Phillip Krueger. 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- License issued by the Registrar of Contractors.

2. This is a residential matter where the Complainants purchased a new residence constructed by the Respondent.

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. 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 Complainant’s residence.

5. The majority of the items set forth in the corrective work order were completed to within applicable industry standards. However, the following items were shown to require further corrective action by the Respondent:

f) The kitchen counter-tops have not been properly corrected, the Respondent shall properly repair, or replace, the kitchen counter- tops, ensuring that all of the failed grout has been replaced and that the counter-top supports are properly installed.

g) The ceiling repair in the dining area ceiling was shown to comply with industry standards for texture but requires appropriate paint touch-up so as to blend in with the surrounding ceiling. The Respondent shall cause the ceiling repair to be properly touched- up.

8. The remaining items of the corrective work order and the complaint were shown to have been corrected to within minimum applicable industry tolerances.

9. The issue regarding the brand of A/C system was found to be a new issue that was not included in the Complainant’s complaint or addressed by the assigned agency inspector and was not included in the hearing of this matter.

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

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly repaired, or replaced, the kitchen counter-tops and has caused the ceiling repair in the dining area to be properly touched-up.

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.L99-0125 shall be closed.

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:

-----------------------