ALJDEC

99F-T0008-ROC · Registrar of Contractors · 1999-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|MICHELLE HOLLONBECK, |§|CASE NO.: t99-0008 | | |§| | |Complainant, |§|DOCKET NO.: 99f-t0008-roc | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 114946, Class C-13 of|§|DECISION AND ORDER | |ARIWEST, INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: August 18, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent appeared through its owner, Fred King. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on August 18, 1999. The Complainant appeared on her own behalf and the Respondent appeared through its owner, Fred King. 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-13 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent installed a new asphalt driveway at the Complainant’s residence.

3. The driveway, as originally constructed, evidenced unacceptable water ponding.

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 perform designated corrective work on the Complainant’s residence.

6. The parties then entered into a mediation agreement. There was no dispute that the Respondent did perform corrective action on the Complainant’s driveway pursuant to the terms of the mediation agreement. However, credible evidence established that the Respondent failed to fully comply with the terms and conditions of the parties’ agreement in that areas of the driveway continue to evidence unacceptable ponding despite the Respondent’s corrective efforts.

7. Credible evidence established that there are two areas of the driveway that still allow excessive water ponding on the Complainant’s driveway. The Respondent shall properly correct both areas and ensure that the entire driveway is within applicable industry standards.

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-13 License shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly corrected the two areas of the asphalt driveway that evidenced unacceptable water ponding and that the Respondent has inspected and ensured that the entire driveway is within applicable industry standards.

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. T99-0008 shall be closed.

Dated this 23rd 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: -----------------------