ALJDEC

99F-Y0128-ROC · Registrar of Contractors · 1999-09-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|CHARLES E. LAKIN, |(|Case No.: Y99-0128 | |Complainant, |(| | | |(|Docket No.: 99F-Y0128-ROC | |vs. |(| | | |(|Recommended | |License No. 131805, Class B-01 of|(|Decision and Order | |Michael Steven Tucker, d.b.a. |(| | |M A T CONSTRUCTION (INDIV), |(| | |Respondent. |(| | | |(| | | |(| | | |(| |

HEARING: September 20th, 1999; 2:00 p.m. Appearances: The Complainant failed to appear or be represented. The Respondent appeared through Qualifying Party, Mr. Steven Michael Tucker. Administrative Law Judge: Grant Winston.

This administrative hearing was held on September 20th, 1999, in Yuma, Arizona. The Complainant failed to appear or be represented. The Respondent appeared through Qualifying Party, Mr. Steven Michael Tucker. Based on the evidence of record contained in the agency file, of which administrative notice was taken, the following Findings of Fact, Conclusions of Law, and Recommended Order are made.

FINDINGS OF FACT

1. The Complainant’s complaint to the Registrar in this matter, filed February 18th, 1999, asserted that the Respondent, while constructing a new service station, came upon his land and caused damage to a sign of his.

2. Citation and Complaint issued from the Registrar on September 9th, 1999, citing possible violation of A.R.S. §32-1154.A.7.

3. Respondent filed his written answer with the Registrar on April 20th, 1999, denying the substantive allegations of Complainant’s complaint..

4. Thereafter, Complainant filed a claim against the Respondent in the Small Claims Division of the Justice of the Peace Court, in Yuma County, seeking recovery on the same set of facts and circumstances surrounding the alleged sign damage which are the subject of this administrative hearing.

5. On May 10th, 1999, the Justice Court entered a judgment favorable to the Complainant, awarding him damages to be paid by the Respondent in the amount of $250.00, plus costs, plus interest. The Respondent satisfied the judgment by payment to Complainant with check number 4921, dated May 13th, 1999, in the amount of $266.00.

6. Thus it would seem that the Complainant’s failure to appear at this administrative hearing was due to his already having received satisfaction for the damage to his sign occasioned by the Respondent.

7. It is found that the judgment of the Justice Court and its satisfaction was an appropriate and complete resolution of this matter.

8. Respondent indicated on the record of the hearing that he had no objection to the taking of administrative notice of the contents of the agency file in this action.

9. Notice is also taken of the Respondent’s prior license record with the Registrar of Contractors.

Conclusions of Law

1. This hearing was held under authority of and pursuant to A.R.S. §32- 1156, and A.R.S. §41-1092.

2. The Complainant herein was charged with a possible violation of A.R.S. §32-1154.A.7., wrongful or fraudulent act. There is no evidence of any fraud on the part of the Respondent, but the evidence of the agency file, in the form of the small claims judgment, does support the conclusion that Respondent did violate A.R.S. §32-1154.A.7., by damaging Complainant’s sign, all within the meaning of a wrongful act in that subsection.

3. However, since the evidence also proved that Respondent has satisfied the court judgment, and Complainant failed to appear to seek anything further at the administrative level by offering evidence to carry his burden of proof as the Complainant, it is concluded that the appropriate disposition of this case at this time is for it to be closed.

Recommended Order

Wherefore, it is hereby recommended that Citation and Complaint Number Y99-0128, together with the complaint on which it is based, be closed.

Dated this 23rd day of September, 1999.

OFFICE OF ADMINISTRATIVE HEARINGS

_________________________________ Grant Winston Administrative Law Judge

Original mailed this day of September, 1999, to:

Michael P. Goldwater, Director Registrar of Contractors Attn: Joyce Armijo or Valerie Hicks 800 W. Washington, 6th Floor Phoenix, AZ 85007

Transmitted by:

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