ALJDEC

99F-T0206-ROC · Registrar of Contractors · 1999-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|THERESA NEWTON, |§| | | |§|CASE NO.: t99-0206 | |Complainant, |§| | | |§|DOCKET NO.: 99f-t0206-roc | |-v- |§| | | |§| | |License No.108039, Class C-42 of|§|RECOMMENDED | |Jerry Randall Smith d.b.a. |§|DECISION AND ORDER | |L J S CUSTOM ROOFING (INDIV), |§| | | |§| | |Respondent. |§| | | |§| | | |§| |

HEARING: February 4, 1999, at 8:30 a.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on February 4, 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 C-42 License issued by the Registrar of Contractors.

2. This is a residential matter where the Respondent installed a new roof on a residence that was purchased by the Complainant.

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 failed to attend the job-site inspection and failed to comply with the corrective work order.

6. Credible evidence, presented at hearing, established that the following items constitute unacceptable workmanship and require proper correction by the Respondent:

g) There are four sheets of delaminated plywood by the roof eaves. The Respondent shall cause the delaminated plywood to be properly replaced.

h) The roof coating displays unacceptable peeling, alligatoring, exposed fiber-mesh, and a portion of the roof coating was improperly applied over debris. The Respondent shall cause the roof coating to be properly repaired or replaced.

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) (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 C-42 License shall be revoked unless the Registrar of Contractors receives proof that the Respondent has properly caused the replacement of the four sheets of delaminated plywood and has caused the proper repair of the Complainant’s roof as set forth above in Findings of Fact Nos. 6(a) and 6(b).

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. T99-0206 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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