ALJDEC

99F-T0075-ROC · Registrar of Contractors · 1999-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|JOSE RENE ORTEGA, |(|Case No.: T99-0075 | | |(| | |Complainant, |(|Docket No.: 99F-T0075-ROC | | |(| | |vs. |(| | | |(| | |License No. 116303, Class C-21R |(|Recommended | |of |(|Decision and Order | |PRIDE OF THE WEST CONTRACTORS, |(| | |INC. (CORP.) |(| | | |(| | |Respondent. |(| |

HEARING: Monday, January 25th, 1999: 8:30 a.m. Appearances: The Complainant, Jose Rene Ortega, appeared pro personam. The Respondent, Pride of the West Contractors, Inc., failed to appear. Administrative Law Judge: Grant Winston

This matter was brought on for administrative hearing on Monday, January 25th, 1999. Testimony was heard and other evidence admitted to record, and, based on the record taken as a whole, the following Findings of Fact, Conclusions of Law, and Recommended Order are made.

FINDINGS OF FACT

1. The Complainant herein, Jose Rene Ortega, contracted with the Respondent, Pride of the West Contractors, Inc., on or about March 26th, 1998, for the latter to provide landscaping at the Complainant’s Rio Rico residence.

2. The Respondent was paid in advance. Respondent failed to provide the quantities of rock and other materials that were bargained for in the contract, and substantially failed to perform his obligations under the terms of the contract.

3. Complainant filed the instant Complaint against the Respondent with the Registrar of Contractors on July 27th, 1998. 4. Mr. James R. Morris, Registrar of Contractor’s Inspector, was assigned to the case. Mr. Morris conducted a job-site inspection at Complainant’s residence on August 18th, 1998, and issued his written Corrective Work Order to the Respondent on August 21st, 1998. Based on his inspection, and his testimony at hearing, all of which is credible, Mr. Morris ordered the Respondent to perform the following corrective work: “1. Contractor to complete rock landscaping per contract. 2. Contractor to complete scalloped block trim per contract. 3. Contractor to correct and complete river run rock landscape in front of house with proper plastic and rock. 4. Complete this project according to all written and verbal contract agreements, prints, plans, specifications, manufacturers [sic] specifications and recommendations, in accordance with good workmanship practices, industry standards and per all applicable codes.” As Mr. Morris and Complainant both testified, Respondent has failed to perform any corrective work.

5. The Registrar of Contractors issued a Decision and Order in this case on November 10th, 1998, without hearing, after the Respondent failed to answer the complaint. Respondent filed a Petition for Rehearing and the Registrar granted the Petition on December 15th, 1998, and this hearing ensued.

6. Complainant also filed a complaint against the Respondent in the small claims division of the Santa Cruz County Justice of Peace Court on June 17th, 1998, and won a default judgment in that forum in the amount of $365.85, plus court costs, on December 11th, 1998.

7. Respondent failed to appear at the administrative hearing of this matter.

8. Notice is taken of the Respondent’s prior license record with the Registrar of Contractors.

Conclusions of Law

1. This hearing was held under authority of and pursuant to A.R.S. §32- 1156, and A.R.S. §41-1092.

2. Respondent herein is charged in the instant Citation and Complaint with possible violations of A.R.S. §32-1154.A.7., 23., and 3., namely A.A.C. R4-9-108 (Poor Workmanship).

3. The facts found by a preponderance of evidence of record support the conclusion here reached that the Respondent did violate the provisions of A.R.S. §32-1154.A. 7., 23., and 3., namely A.A.C. R4-9-108, as set forth in the instant Citation and Complaint.

Recommended Order

Wherefore, it is hereby recommended that the Respondent’s Class C-21R license be suspended until such time as the Registrar of Contractors receives proof that the Respondent has properly accomplished the corrective work set forth above at Finding of Fact #4.

It is further recommended that if, on or before the effective date of this order, the Respondent furnishes to the Registrar of Contractors proof that it has satisfactorily completed the above-described corrective work, then no suspension take place, and Citation No. T99-0075, together with the Complaint on which it is based, be closed.

Dated this 1st day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of February, 1999, to:

Michael P. Goldwater, Director Attn: Joyce Armijo Registrar of Contractors 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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