ALJDEC

99F-T0800-ROC · Registrar of Contractors · 2000-01-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 4, 2000, at 1:30 p.m. APPEARANCES: The Complainant appeared through its authorized representative, Scott Sanders. The Respondent appeared through its qualifying party, Ted Ferrin. ADMINISTRATIVE LAW JUDGE: M. Douglas

This matter came on for hearing on January 4, 2000. The Complainant appeared through its authorized representative, Scott Sanders, and the Respondent appeared through its qualifying party, Ted Ferrin. 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-02 License issued by the Registrar of Contractors. 2. This is a commercial matter where the Respondent performed construction work on a garage for the Complainant. 3. 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. 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. There was no dispute that the Respondent performed corrective work on the garage. However, the parties were in sharp dispute as to whether the Respondent’s corrective action had corrected the garage floor to within applicable industry tolerances. 6. Credible evidence, presented at hearing, established that the commercial property has now been repossessed by its lien holder and that the Complainant is not the current owner of the real property. 7. Credible evidence, presented at hearing, established that the garage floor has been corrected to within applicable industry standards. 8. The complaint as amended at hearing, prior to the evidence of the change in ownership, to add an item relating to a stair-step crack in one of the garage walls. Credible evidence established that the stair-step crack is not within applicable industry tolerances. However, there would be little point in ordering any type of corrective action on the stair-step crack in the garage wall as the current owner of the commercial property is not a party to this action and neither the Complainant nor the Respondent has access to the commercial property at this time. 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 that the Respondent substantially complied with the terms and conditions of the written corrective work order. 2. The credible evidence of record established a violation, by the Respondent, of the provisions of A.R.S. (32-1154 (A) (3); namely, Rule R4- 9-108, based upon the stair-step crack in the garage wall. However, the item is found to be moot as the Complainant is no longer the owner of the commercial property in question and the new owner is not a party to this action. Consequently, neither party has legitimate access to the commercial property in question and no corrective action can be performed.

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Citation No. T99-0800 be closed. Done this day, January 12, 2000.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ M. DOUGLAS Administrative Law Judge

Original transmitted by mail this ____ day of January, 2000, to:

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

By _______________________________

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Office of Administrative Hearings 100 North Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488