ALJDEC

99F-T0215-ROC · Registrar of Contractors · 1999-03-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ROBERTS ROOFING CO., INC., |§|CASE NO.: T99-0215 | | |§| | |Complainant, |§|DOCKET NO.: 99F-T0215-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 087298, Class B- of |§|DECISION AND ORDER | |EAGLE ROCK BUILDERS INC. (CORP), |§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: March 11, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared through its president, Rudy Mamula. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on March 11, 1999, pursuant to notice duly sent to all parties. The Complainant appeared through its president, Rudy Mamula, 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- License issued by the Registrar of Contractors. The Respondent’s License is on suspended status.

2. This is a residential matter where the Complainant performed construction work as a roofing subcontractor on a new residence being constructed by the Respondent.

3. Credible evidence, presented at hearing, established that the residence was completed for a homeowner who was happy with the Complainant’s workmanship and that the Respondent was fully paid for the construction of the new residence.

4. Credible evidence established that the Respondent has failed to pay the sum of $2,358.00 to the Complainant for the Complainant’s labor and materials as a roofing subcontractor for the construction of the new residence.

5. The Respondent’s actions, in repeatedly agreeing to pay the Complainant for its roofing work and then failing to pay the Complainant despite the undisputed fact that the Respondent had been fully paid for the construction of the residence, are found to constitute a wrongful act.

6. 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 (11).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked.

It is further recommended that if the Respondent provides proof that it has properly paid the sum of $2,358.00 to the Complainant, on or before the effective . . . . . . date of this Order, then the above provided License revocation shall not take place and Citation No. T99-0215 shall be closed.

Dated this 26th day of March, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ M. DOUGLAS Administrative Law Judge

Original mailed this day of March, 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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