ALJDEC

99F-T0186-ROC · Registrar of Contractors · 1999-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|AMBROSE AND CAROL HACKLEY, |§| | | |§|CASE NO.: t99-0186 | |Complainants, |§|w99-0186 | | |§| | |-v- |§|DOCKET NO.: 99f-t0186-roc | | |§|99f-w0186-roc | |License No. 137311, Class K-34 of|§| | | |§| | |D AND Y HI TECH SYSTEMS INC., |§|RECOMMENDED | |d.b.a. SURFACEPRO (CORP) and |§|DECISION AND ORDER | |License No. 125998, Class C-05 |§| | |of D AND Y HI TECH SYSTEMS INC., |§| | |d.b.a. SURFACEPRO (CORP), |§| | | |§| | |Respondent. |§| | | |§| |

HEARING: January 29, 1999, at 8:30 a.m. APPEARANCES: The Complainants appeared through Carol Hackley. The Respondent appeared through its vice-president, David Newlander. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 29, 1999. The Complainants appeared through Carol Hackley and the Respondent appeared through its vice-president, David Newlander. 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. The Respondent is the holder of a Class K-34 License and a Class C-05 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent resurfaced and painted the Complainants’ kitchen counter-top and cabinets.

3. The Complainants were dissatisfied with the Respondent’s workmanship and failure to correct its work despite repeated requests that it do so. The Complainants 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 Complainants’ residence.

5. Credible evidence established that the Respondent did perform corrective action on the kitchen counter-top and cabinets but failed to substantially comply with the corrective work order.

6. Credible evidence, presented at hearing, established that the following items fail to comply with applicable minimum industry standards and require proper corrective action by the Respondent.

g) There are drips and runs on the surface of some of the cabinets. The Respondent shall properly correct all drips and runs.

h) There is one loose hinge in the kitchen cabinets. The Respondent shall properly repair, or replace, the loose hinge.

i) One of the upper kitchen cabinet doors is sprung. The Respondent shall cause the door to be properly corrected.

j) The Respondent failed to paint the interior of the kitchen cabinets. The Respondent shall cause the interior of the kitchen cabinets to be properly painted.

k) Credible evidence established the bottom of the upper kitchen cabinets and the area by the side of the refrigerator were not fully covered with paint. The Respondent shall cause these areas to be properly painted.

l) There is still some masking tape around the kitchen stove. The Respondent shall cause the masking tape to be properly removed.

7. During the course of construction, and subsequent repair efforts, the parties’ personal relationship has deteriorated to the point where the parties have a very difficult time being in the same room.

8. The Complainants’ past practice of criticizing work as it is being performed is not found to be conducive to the performance of proper corrective action and should not occur. All corrective work is to be completed to applicable industry standards rather than the personal standards of the parties.

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) (23) and (3); namely, Rule R4-9- 108.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class K-34 and Class C-05 Licenses shall be suspended until the Registrar of Contractors receives proof that the Respondent has properly caused the accomplishment of the corrective actions set forth above in Finding of Fact Nos. 6(a) through 6(f), inclusive.

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 suspensions shall not take place and Citation Nos. T99-0186 and W99-0186 shall be closed.

Dated this 9th day of February, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. Douglas 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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