ALJDEC decisions subject to certification as final

2011A-2433-ROC · Registrar of Contractors · 2011-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 23, 2011 APPEARANCES: Lisa Pugliano-Wright appeared personally. Cabinets by Crabtree, L.L.C. was represented by its member and qualifying party, Alisha Crabtree. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Cabinets by Crabtree, L.L.C. (“Respondent”) is the holder of License No. 219488, a Class C-30 contracting license issued by the Registrar of Contractors (“Registrar”). 2. In March 2010, Lisa Pugliano-Wright (“Complainant”) received a written proposal for cabinetry and wood work from Respondent. Complainant was remodeling her residence located at 15210 North 61st Street, Scottsdale, Arizona. Before reading the proposal, Complainant paid Respondent a check in the amount of $6,000.00 as a down payment. 3. After paying the down payment and then reviewing the proposal, Complainant decided she wanted to rescind her agreement with Respondent. She contacted her bank to stop payment on the check, but Respondent had already cashed it. 4. Complainant communicated with Respondent about rescinding their agreement. 5. On April 11, 2011, Complainant filed a written Complaint with the Registrar seeking the return of her $6,000.00 down payment from Respondent. The Registrar designated the Complaint as Case No. 2011- 2433. 6. The Registrar issued a Citation and Complaint in Case No. 2011-2433 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (1) and (10). 7. The Registrar forwarded Case No. 2011-2433 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. Respondent did not perform any work on Complainant’s project and never returned any amount of her down payment. 9. In December 2010, Respondent went out of business. Respondent’s member and qualifying party, Alisha Crabtree, and her husband, Frank Crabtree, filed personal bankruptcy. 10. At hearing, Mr. Crabtree, who had dealt with Complainant on behalf of Respondent, credibly testified that Complainant is entitled to the return of her $6,000.00 down payment. Mr. Crabtree stated that there was no intent to deceive Complainant. Mr. Crabtree explained that Respondent had completely gone under as a business and does not have the financial resources to repay Complainant. 11. At hearing, Complainant did not address the charge that Respondent aided and abetted an unlicensed contractor. 12. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 219488 was voluntarily cancelled on December 22, 2010. Those records further reveal that there are two open complaints and one resolved/settled/withdrawn complaint against Respondent’s contracting license. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.R.S. § 32-1154(C), the voluntary cancellation of Respondent’s contracting license does not deprive the Registrar of the authority to impose discipline upon that license for proven statutory violations in this matter. 3. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (1) by abandoning Complainant’s project, as charged in the Citation and Complaint issued by the Registrar. Respondent did not perform any work relating to Complainant’s project. 5. The evidence of record does not support a conclusion that Respondent aided and abetted an unlicensed contractor in violation of A.R.S. § 32- 1154(A) (10), as charged in the Citation and Complaint issued by the Registrar. Complainant did not address that issue at the hearing. RECOMMENDED ORDER Respondent’s License No. 219488 shall be revoked on the effective date of the Order entered in Case No. 2011-2433. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification.

Done this day, December 12, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826