ALJDEC

99F-P0091-ROC · Registrar of Contractors · 1999-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ANITA EDWARDS, |§| | | |§|CASE NO.: P99-0091 | |Complainant, |§| | | |§|DOCKET NO.: 99F-P0091-ROC | |-v- |§| | | |§| | |License No. 100399, Class B- of |§|RECOMMENDED | |Kenneth Loyd Boyer, Jr. and |§|DECISION AND ORDER | |Kenneth Loyd Boyer, Sr., |§| | |d.b.a. K L B CONSTRUCTION (PTR), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: April 5, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on April 5, 1999, pursuant to notice duly sent to all parties. The Complainant appeared on her own behalf. The Respondent failed to appear. 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. The Respondent’s Class B- License is delinquent and suspended.

2. This is a residential matter where the Respondent constructed a new residence for the Complainant.

3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainant 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 Respondent failed to comply with the corrective work order.

6. The following items were shown to constitute unacceptable workmanship attributable to, and requiring correction by, the Respondent:

g) The concrete driveway does not comply with applicable industry standards. The Respondent shall cause the driveway to be properly repaired or replaced.

h) The finish of the concrete front porch does not comply with applicable industry standards. The Respondent shall cause the concrete front porch to be properly repaired or replaced.

i) A beam on the back porch is twisted beyond applicable industry standards. The Respondent shall cause the beam to be properly repaired or replaced.

j) The crack repairs in the concrete sidewalk do not comply with applicable industry standards. The Respondent shall cause the concrete sidewalk to be properly repaired or replaced.

k) The double doors in the bedroom are out of adjustment and the door jambs have warped. The Respondent shall cause the double doors and door jambs to be properly repaired or replaced.

12. 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.

RECOMMENDED ORDER

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

It is further recommended that if the Respondent properly accomplishes the above described corrective action as set forth above in Finding of Fact Nos. 6(a) through 6(e), inclusive, on or before the effective date of this Order, then the above provided License revocation shall not take place and Citation No. P99-0091 shall be closed.

Dated this 20th day of April, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of April, 1999, 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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