ALJDEC

99F-T0612-ROC · Registrar of Contractors · 1999-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|HAROLD J. WOODS, |§|CASE NO.: T99-0612 | | |§| | |Complainant, |§|DOCKET NO.: 99F-T0612-ROC | | |§| | |-v- |§| | | |§|RECOMMENDED | |License No. 098165, Class B- of |§|DECISION AND ORDER | |BALBOA CONSTRUCTION L.L.C. (LLC),|§| | | |§| | |Respondent. |§| | | |§| | | |§| | | |§| |

HEARING: July 20, 1999, at 1:30 p.m. APPEARANCES: The Complainant appeared through his attorney, Wilford Richardson. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on July 20, 1999 pursuant to notice duly sent to all parties. The Complainant appeared through his attorney, Wilford Richardson, 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 Class B- License is suspended and canceled.

2. This is a residential matter where the Respondent installed a new roof on the Complainant’s residence.

3. The roof began to disintegrate shortly after its completion.

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 properly repair or replace the roof.

6. The Respondent failed to comply with the corrective work order.

7. Credible evidence, presented at hearing, established that the Complainant’s roof requires full removal and replacement.

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

. . . .

. . . .

. . . .

RECOMMENDED ORDER

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

Dated this 2nd 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:

-----------------------