ALJDEC

99F-S0093-ROC · Registrar of Contractors · 1999-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JACQUELINE J. BARRETT, |§|CASE NO.: S99-0093 | | |§| | |Complainant, |§|DOCKET NO.: 99F-S0093-ROC | | |§| | |-v- |§| | | |§| | |License No. 127865, Class C-37R |§|RECOMMENDED | |of |§|DECISION AND ORDER | |TRIPLE A CONTRACTORS, INC. |§| | |d.b.a. A A A PLUMBING AND HEATING|§| | |(CORP), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: August 3, 1999, at 2:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its vice-president, Oscar Garcia. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 3, 1999. The Complainant appeared on her own behalf and the Respondent appeared through its vice- president, Oscar Garcia. 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-37R License issued by the Registrar of Contractors.

2. This is a residential matter where the Complainant’s gas furnace went out and the Complainant contacted the Respondent for its replacement. The Respondent gave the Complainant a written bid for the removal and replacement of the gas furnace and associated duct system.

3. The total bid for the work was the sum of $2,750.00. The Complainant gave the Respondent a check for one-half of the bid amount on the date the proposal was submitted by the Respondent.

4. The Complainant then checked with a properly licensed mechanical contractor and had her furnace replaced for under $600.00.

5. The Complainant then demanded the return of her down payment. After repeated demands, the Respondent returned the Complainant’s down payment to her.

6. The Complainant asserts that the Respondent was wrongfully and actively trying to take advantage of her by trying to over-charge her in its bid.

7. Credible evidence, presented at hearing, established that the Registrar of Contractors does not normally regulate the amount of profit that a licensed contractor makes or the amount of any particular bid and that the Registrar of Contractors, instead, relies on market competition and encourages homeowners to obtain more than one bid for construction work before entering into a contract.

8. Credible evidence, presented at hearing, established that the removal and installation of a residential gas furnace requires an C-39 License.

9. There was no dispute that the Respondent did not have the required C-39 License when it submitted its written bid to the Complainant. 10. Credible evidence established that the Respondent knowingly contracted beyond the scope of its Class C-37R License.

11. The Respondent’s actions, in knowingly contracting to perform mechanical work which it knew to be beyond the scope of its Class C-37R (Plumbing) License, are found to constitute a wrongful act.

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), and (17).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class C-37R License shall be placed on active suspension for a period of days followed immediately by a period of disciplinary probation for 60 days.

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:

-----------------------