ALJDEC

99F-S0009-ROC · Registrar of Contractors · 1999-04-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|TIMOTHY A. PEVELER, |§| | | |§|CASE NO.: s99-0009 | |Complainant, |§|w99-0009 | | |§| | |-v- |§|DOCKET NO.: 99f-s0009-roc | | |§|99f-w0009-roc | |License No. 116718, Class B- of |§| | |LANE HOMES, INC. (CORP) and |§|RECOMMENDED | |License No. 128068, Class B- of |§|DECISION AND ORDER | |KEYSTONE HOMES, INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: March 16, 1999, at 10:00 a.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 16, 1999, pursuant to notice duly sent to all parties. The Complainant appeared on his own behalf and 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. Lane Homes, Inc., is the holder of a Class B- License issued by the Registrar of Contractors. Lane Homes’ Class B- License was revoked by the Registrar of Contractors prior to the hearing.

2. Keystone Homes, Inc., is the holder of a class B- License issued by the Registrar of Contractors.

3. Both Lane Homes, Inc., and Keystone Homes, Inc., share the same corporate officers and operated in this matter as though the two corporations were the same entity.

4. This is a residential matter where the Complainant purchased a new residence constructed by the Respondent.

5. 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.

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 Complainant’s residence.

7. The Respondent failed to comply with the corrective work order.

8. Credible evidence established that the Complainant’s yard is not properly graded for drainage and that the Complainant continues to suffer unacceptable ponding and flooding during inclimate weather.

9. 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.

2. There is little point in imposing additional disciplinary action on License No. 118718 of Lane Homes, Inc., which has already been revoked by the Registrar of Contractors.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Class B- License of Keystone Homes, Inc. (No.128068), be revoked.

Dated this 2nd 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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