ALJDEC decisions subject to certification as final

2011A-3502-ROC · Registrar of Contractors · 2012-01-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 29, 2011 APPEARANCES: James Walker and Shasta Carlson appeared personally. The Fix It Guy, Inc. did not appear. 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. The Fix It Guy, Inc. (“Respondent”) is the holder of License No. B- 3.151858-R issued by the Registrar of Contractors (“Registrar”). Guyton Shackleford is listed on the license as Respondent’s qualifying party and officer. Debora Sue Shackleford is listed as an officer. 2. On April 18, 2011, James Walker and Shasta Carlson (“Complainants”) filed a written Complaint with the Registrar alleging abandonment by Respondent on a roofing project at Complainants’ residence location at 4036 West San Juan Avenue, Phoenix, Arizona. The Registrar designated the Complaint as Case No. 2011-3502. 3. The Registrar issued a Citation and Complaint in Case No. 2011-3502 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (1). 4. The Registrar forwarded Case No. 2011-3502 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2011-3502 that advised the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties and to Respondent’s counsel at their addresses of record with the Registrar. 6. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. In October 2010, Complainants’ roof sustained damage due to a hailstorm. 8. On December 28, 2011, Complainants contracted with Evolution Roofing & Construction, L.L.C. (“Evolution”) for their roof repairs. The contract listed Evolution’s Registrar-issued contracting license numbers as “ROC #151858 #151859.” However, those contracting license numbers are held by Respondent. 9. On December 28, 2011, Complainants paid Evolution the sum of $7,000.00 by check for the roof repairs. Those funds were deposited into Evolution’s bank account. 10. Respondent, doing business as Evolution, never performed any of the roof repairs for Complainants’ project. 11. On December 9, 2010, Respondent filed a Trade Name Application with the Arizona Secretary of State to register the trade name “Evolution Roofing and Construction.” 12. By letter dated December 13, 2010, the Department of the Treasury, Internal Revenue Service, advised Evolution of its taxpayer identification number. 13. On February 26, 2011, the official public records for the Arizona Corporation Commission reflected that Evolution was a “Domestic L.L.C.” approved on December 13, 2010. Evolution’s members are Tyrone Riley and Guyton Shackleford. 14. The Registrar’s official website reveals that Respondent’s License No. B-3.151858-R was suspended by operation of law for lack of bond on November 3, 2011. The Registrar’s website also reveals fourteen (14) open complaints and two (2) resolved/settled/withdrawn complaints posted against Respondent’s License No. B-3.151858-R. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainants have 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). 3. Respondent, doing business under the name of Evolution, abandoned Complainants’ project, in violation of A.R.S. § 32-1154(A) (1). 4. Complainants have establish an entitlement to restitution from Respondent in the amount of $7,000.00, pursuant to A.R.S. § 32- 1156.01. RECOMMENDED ORDER Respondent’s License No. B-3.151858-R shall be revoked on the effective date of the Order entered in Case No. 2011-3502. If Respondent provides the Registrar with written proof that Respondent has paid restitution in the amount of $7,000.00 to Complainants by certified funds or cashier’s check on or before the effective date of the Order entered in Case No. 2011-3502, and the Registrar accepts such proof of payment, then the above-provided revocation of Respondent’s License No. B-3.151858-R shall not take place but, instead, Respondent’s license shall be suspended for sixty (60) days followed immediately by a period of disciplinary probation for one (1) year. This alternative penalty shall commence, if at all, on the effective date of the Order entered in Case No. 2011-3502. 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, January 18, 2012.

/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