ALJDEC
99F-S0086-ROC · Registrar of Contractors · 1999-08-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|DOROTHY BRAY, |§| | | |§|CASE NO.: S99-0053 | |Complainant, |§|S99-0086 | | |§| | |-v- |§|DOCKET NO.: 99F-S0053-ROC | | |§|99F-S0086-ROC | |License No.114091, Class C-42 of|§| | |Ronald August Backinger, |§|RECOMMENDED | |Tanya Marie Backinger, d.b.a. |§|DECISION AND ORDER | |T B R ROOFING COMPANY (PTR), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |
HEARING: August 3, 1999, at 10:00 a.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 August 3, 1999, pursuant to notice duly sent to all parties. The Complainant appeared on her 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-42 License issued by the Registrar of Contractors. The Respondent’s License was revoked on August 2, 1999.
2. This is a residential matter where the Respondent installed a new roof on the Complainant’s residence.
3. The new roof leaked and the Complainant suffered interior water damage.
4. 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.
5. 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 properly correct the roof and the interior damage in the Complainant’s residence.
6. The Respondent failed to comply with the terms and conditions of the corrective work order.
7. Credible evidence, produced at hearing, established that the new roof was not installed in accordance with applicable industry standards and that it failed to comply with code requirements.
8. Credible evidence, produced at hearing, established that the only way the Complainant’s roof can be properly repaired is by the removal and replacement of the new roof.
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.
RECOMMENDED ORDER
In view of the foregoing, it is recommended that the Respondent’s Class C-42 License be revoked.
Dated this 12th day of August, 1999.
OFFICE OF ADMINISTRATIVE HEARINGS
_________________________________ M. DOUGLAS Administrative Law Judge
Original mailed this day of August, 1999 to:
Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007
Transmitted by:
-----------------------