ALJDEC

99F-S0019-ROC · Registrar of Contractors · 1999-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ELDON BUBB, |§|CASE NO.: s99-0019 | | |§| | |Complainant, |§|DOCKET NO.: 99f-s0019-roc | | |§| | |-v- |§| | | |§| | |License No. 120503, Class C-08 of|§|RECOMMENDED | |Marion Grace Alley and Lance Dale|§|DECISION AND ORDER | |Alley d.b.a. ALLEY CARPET AND |§| | |FLOORING (PTR), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: March 19, 1999, at 8:30 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 19, 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. 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 carpeting in the Complainant’s residence.

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. The assigned inspector observed that the Complainant’s carpeting was very soiled but declined to issued a corrective work order on the basis that there was insufficient proof as to who or what had caused the soiling of the carpeting.

5. The Complainant then requested a formal hearing.

6. Credible evidence, produced at hearing, established that the carpeting had became excessively soiled because the carpeting itself was defective and incapable of being properly cleaned.

7. The Respondent shall cause the carpeting to be properly replaced.

8. 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 C-08 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly replaced the carpeting in the Complainant’s 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. S99-0019 shall be closed.

Dated this 5th 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: -----------------------