ALJDEC decisions subject to certification as final
2017A-4977-ROMC-ROC · Registrar of Contractors · 2018-04-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Registrar of Contractors
COMPLAINANT
-v-
Travis Scott Bryant DBA: Next Level Tile
License No(s). CR48.296636-D
RESPONDENT
No. 2017A-4977-ROMC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 2, 2018
APPEARANCES: No one appeared on behalf of Travis Scott Bryant DBA: Next
Level Tile. Assistant Attorney General Thomas Raine appeared on behalf of the Arizona Registrar of Contractors.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On or about March 30, 2015, the Arizona Registrar of Contractors (“Registrar”) issued License No. 296636 to Travis Scott Bryant DBA: Next Level Tile. See Exhibit 2.
Modern Millwork, Inc. (“Modern Millwork”) is a licensed contractor in Arizona and holds License No. 118590, a B1, general commercial contracting license. See Exhibit 4.
On or about February 4, 2017, Travis Scott Bryant (“Bryant) signed a City of Phoenix Permit/Plan Review Application for a project located at 4432 N. 41st Place, Phoenix, Arizona 85018. See Exhibit 5.
The work to be performed as described in the Permit/Plan Review Application included demolition, property additions and expansions, and remodeling. See id.
Bryant listed Modern Millworks as the contractor for the project. Bryant also provided Modern Millwork’s name and license number on the Permit/Plan Review Application. See id.
On or about March 17, 2017, the City of Phoenix issued a permit to Modern Millwork based upon the Permit/Plan Review Application. The scope of the work described on the permit was the remodeling of an existing residence.
See Exhibit 6.
Bryant nor Next Level Tile were named on Modern Millwork’s license.
Bryant nor Next Level Tile were authorized to use Modern Millwork’s license.
9. On or about August 23, 2017, the Registrar received a complaint from Chris Caplanis (“Caplanis”) regarding construction work that he performed for Next Level Tile at several project locations in Arizona. See Exhibits 8 through 13.
10. Caplanis was not a licensed contractor in the State of Arizona.
The Registrar issued a warning letter to Caplanis for contracting without a license. See Exhibit 14.
11. Investigator Steve Lawton (“Investigator Lawton”) investigated the complaints on behalf of the Registrar.
12. On or about September 1, 2017, Investigator Lawton interviewed Bryant by telephone. Bryant told Investigator Lawton that he obtained a restraining order against Caplanis. Bryant also told Investigator Lawton that he thought he had permission to use Modern Millwork’s license. Bryan told Investigator Lawton that he obtained permission from a friend to use Modern Milwork’s license for $500.
11. Next Level Tile filed responses to the complaints filed by Caplanis.
12. Next Level Tile did not deny hiring or paying Caplanis for his work.
13. On or about January 5, 2018, the Registrar issued a Citation against Next Level Tile and alleged that Next Level Tile violated Ariz. Rev. Stat. sections 32-1154 (A)(6), (9), (14), and (16).
14. Next Level Tile filed a timely appeal to the Citation.
15. On or about January 23, 2018, the Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on March 13, 2018. The Notice of Hearing provides that the issues for hearing are the charges made in the Citation.
16. A hearing was held on April 2, 2018.
17. Next Level Tile did not request to appear telephonically and did not request that the hearing again be continued. Although the start of the duly noticed continued hearing was delayed approximately seventeen minutes to allow Next Level Tile additional travel time, Next Level Tile did not appear, personally or through an attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Next Level Tile did not present any evidence to controvert the evidence that the Registrar presented.
18. At hearing, the Registrar presented the testimony of Steve Lawton and submitted exhibits 1 through 14.
CONCLUSIONS OF LAW
The Registrar has jurisdiction over this matter, pursuant to Ariz. Rev. Stat. section 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of Ariz. Rev. Stat. section 32-1154.
This matter lies within the Registrar’s jurisdiction.
To warrant such sanctions by the Registrar must demonstrate by a preponderance of the evidence that Respondent violated the statutory section cited. Proof by a “preponderance” means that “the evidence is sufficient to persuade the finder of fact that the proposition is more likely true than not.” In re: Arnold and Baker Farms, 177 B.R. 648 (9th Cir. BAP (Ariz.) 1994). See also Culpepper v. State of Arizona, 187 Ariz. 431, 930 P.2d 508 (App. 1996). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (Rev. 6th ed. 1990).
The Registrar has established by a preponderance of the evidence that Respondent fraudulently submitted an application for a building permit and fraudulently obtained a City of Phoenix Building Permit resulting in substantial injury to Modern Millworks, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(6).
The Registrar has established by a preponderance of the evidence that Respondent acted in the capacity of a contractor in a name other than that as set for on Respondent’s license when it applied for and obtained a permit with the City of Phoenix under Modern Millwork’s name and license number, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(14).
The Registrar has established by a preponderance of the evidence that Respondent applied for and obtained a permit for work that is beyond the scope of Respondent’s’ CR-48 license, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(16).
The Registrar has established by a preponderance of the evidence that Respondent aided and abetted an unlicensed contractor, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(9).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the final order in this matter, License CR48.296636-D shall be suspended for a period of
five calendar days.
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 is forty days after the date of that certification.
Done this day, April 18, 2018.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors