ALJDEC decisions subject to certification as final

2017A-3735-CHC-ROC · Registrar of Contractors · 2018-01-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

William Schaefer and Judy Schaefer,

COMPLAINANT,

v.

Carlson Brooke Eby dba,

Eby Custom Remodeling and Building,

License No: 235375

RESPONDENT.

No. 2017A-3735-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 3, 2018

APPEARANCES: Ryan O’Neal, Attorney for Complainants; William and Judy Schaefer, Complainants; John Smith, Registrar of Contractors Investigator

ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang

_____________________________________________________________________

After filing a complaint with the Registrar of Contractors, Complainants established that Respondent committed several violations of the Arizona contracting statutes and that Respondent’s actions warrant revocation of its license.

FINDINGS OF FACT

Complainants filed a complaint against Respondent with the Registrar of Contractors regarding a project that Respondent undertook at Complainants’ home. The complaint concerned the lack of a permit, exceeding the scope of the license, the elements of a contract, and 15 items of alleged poor workmanship.

On August 15, 2017, after conducting an on-site inspection, Registrar of Contractors Investigator John Smith issued a Directive from the Registrar directing Respondent to complete or repair 15 items. He also issued warning letters to Respondent regarding working outside the scope of the license and the minimum elements of a contract. And he issued Respondent a notification letter informing Respondent that a permit was required for the project.

Respondent took no action in response to the Directive, the warnings or the notification letter.

Complainants appeared at the hearing and testified that Respondent did not complete pony walls, shower doors, tiling repairs, a niche, and a grab bar. He also ordered the wrong flooring and hid the fact from Complainants in an apparent attempt to substitute an inferior product for the price of what Complainants ordered.

According to the Registrar of Contractors website, Respondent’s license was voluntarily cancelled on January 8, 2018.

CONCLUSIONS OF LAW

This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32-1156.

The Citation issued by the Registrar of Contractors in this matter alleged potential violations of A.R.S. § 32-1154(A)(2), (3) (specifically A.A.C. R4-9-108), (16) and (22).

A.R.S. § 32-1154(A)(2) provides grounds for suspension or revocation of a contractor’s license for departure from or disregard of plans or specifications or building codes without consent of the owner or his or her representative.

A.R.S. § 32-1154(A)(3) provides grounds for suspension or revocation of a contractor’s license for “[v]iolation of any rule adopted by the registrar”. One such rule in the Arizona Administrative Code requires contractors to meet minimum workmanship standards in the projects they undertake. A.A.C. R4-9-108.

A.R.S. § 32-1154(A)(16) provides grounds for suspension or revocation of a contractor’s license for “Knowingly contracting beyond the scope of the license or licenses of the licensee.”

A.R.S. § 32-1154(A)(22) provides grounds for suspension or revocation of a contractor’s license for failure to take appropriate corrective action on a Directive from the Registrar without valid justification and within a reasonable period of time.

The Registrar of Contractors may consider the prior record of a contractor in any disciplinary proceeding. A.A.C. R4-9-117.

In this case, Complainants have established that Respondent violated A.R.S. § 32-1154(A)(2), (3), (16), and (22) and that it is appropriate to revoke Respondent’s license.

RECOMMENDED DECISION

Based on the foregoing considerations, it is hereby recommended that Respondent’s license (License No: 235375) be revoked on the effective date of the final order in this matter.

If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be the date of certification.

Done this day, January 11, 2018.

/s/ Dorinda M. Lang

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors