ALJDEC

99F-RF0614-ROC · Registrar of Contractors · 1999-12-27

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The above-entitled matter came on for hearing on December 27, 1999 pursuant to advance notice duly sent to both parties. The Plaintiffs appeared through Greg Smith. Although the start of the scheduled hearing was delayed for approximately 20 minutes to afford added time in which to make an appearance, the Defendant did not appear through any authorized corporate employee or by any proper legal representative. Testimony was presented, and based upon the entire record, the following Findings of Fact, Conclusions of Law, Recommended Order and Award are made.

FINDINGS OF FACT

1. Plaintiffs qualify under the definition of an “injured person” as defined in the statute and are entitled to receive payment from the Residential Contractor’s Recovery Fund for proven damages sustained as a result of Defendant’s acts or omissions.

2. Defendant’s contracting license has been previously revoked by Order of the Registrar. Such revocation is determined to render this Defendant unable to remedy

the violation of the State’s contracting laws which gave rise to the instant claim for damages.

3. The Registrar has received advance notice of the existence and amount of the above-named Plaintiffs’ claim for an administrative payout from the aforesaid Fund and has neither objected nor requested a hearing as to such claim, as subsequently amended.

4. Notice of the proposed administrative payout from the Fund, as subsequently corrected, has been properly served upon Defendant according to the case file. Although Defendant had expressly requested a hearing as to Plaintiffs’ entitlement to the originally requested total Fund payout, Defendant failed to appear at the scheduled hearing and consequently did not present any evidence or testimony.

5. Plaintiffs’ uncontroverted evidence indicated, and it is determined from the entire case file, that the sum of $5,332.05 represents a proper and reasonable monetary amount to remedy the aforesaid violation by Defendant. Such sum, which is equal to the corrected claim hereunder, consisted of the lowest of three valid and appropriate bids obtained from licensed contractors for the accomplishment of necessary corrective work on the stucco of the residence.

CONCLUSIONS OF LAW

1. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to plaintiff from the residential contractor’s recovery fund pursuant to A.R.S.§32- 1154(E).

2. The undisputed testimony and the within record adequately supports an award to Plaintiffs of $5,332.05, all of which shall be appropriately chargeable against Defendant and/or persons on the license as set forth in A.R.S.§32-1139(B).

RECOMMENDED ORDER

In view of the foregoing, it is recommended on the effective date of this Order (thirty-five [35] days after the date of mailing by the Registrar) that the Registrar shall commence and finalize payment procedures from the Residential Contractor’s Recovery Fund to Plaintiffs in the amount of $5,332.05 for damages.

Dated: December 29, 1999. OFFICE OF ADMINISTRATIVE HEARINGS

_____________________________________ Robert I. Worth Administrative Law Judge

Original transmitted on _____________________

by: _____________________________ , to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826