ALJDEC
99F-S0123-ROC · Registrar of Contractors · 1999-12-16
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|JAMES ISAAC WARREN, |§|CASE NO.: S99-0123 | | |§| | |Complainant, |§|DOCKET NO.: 99F-S0123-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 096123, Class B-03 of|§|DECISION AND ORDER | |Randell Felix Smith d.b.a. |§| | |FORESMITH ENTERPRISES (INDIV), |§| | | |§| | |Respondent. |§| | | |§| |
HEARING: December 6, 1999, at 2:00 p.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 December 6, 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 B-03 License issued by the Registrar of Contractors.
2. This is a residential matter where the Respondent performed remodeling work on the Complainant’s manufactured residence.
3. The Complainant was dissatisfied with the Respondent’s workmanship and failure to correct his work despite repeated requests that he 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 and issued a written corrective work order directing the Respondent to perform designated corrective work on the Complainant’s residence.
5. The Respondent did not respond to the written corrective work order.
6. Credible evidence established that the new vinyl flooring in the residence displays unacceptable bubbling and that the new vinyl flooring, throughout the residence, requires proper replacement. The Respondent shall cause the new vinyl flooring to be properly replaced.
7. The kitchen, bathroom, and the laundry-wash room floors are all un- level. The Respondent shall properly re-level the entire residence ensuring that the kitchen, bathroom, and laundry-wash room floors are level.
8. The installation of the new ceiling strips throughout the residence does not comply with applicable industry standards. The Respondent shall properly repair, or replace, the ceiling strips throughout the residence.
9. Notice is taken of the Respondent’s prior License record with the Registrar of Contractors.
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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 B-03 License shall be revoked unless, on or before the effective date of this Order, the Registrar of Contractors receives proof that the Respondent has properly caused the accomplishment of the corrective action set forth above in Finding of Fact Nos.6, 7 and 8.
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 revocation shall not take place and Citation No. S99-0123 shall be closed.
Dated this 17th day of December, 1999.
OFFICE OF ADMINISTRATIVE HEARINGS
_________________________________ M. DOUGLAS Administrative Law Judge
Original mailed this day of December, 1999 to:
Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007
Transmitted by:
----------------------- Office of Administrative Hearings 100 North Stone, Suite 704 Tucson, Arizona 85701 (520) 628-5488