ALJDEC decisions subject to certification as final

2019A-00424-CHC-ROC · Registrar of Contractors · 2020-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Millicent Rene Williams,

COMPLAINANT

Nobles Trading & Services LLC,

License No. 305787,

RESPONDENT

No. 2019A-00424-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 20, 2020

APPEARANCES: Complainant Millicent Rene Williams appeared on her own behalf. Omar El-Mousa, Co-Owner and Qualifying Party, appeared on behalf of Respondent Nobles Trading & Services LLC.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Nobles Trading & Services LLC (Respondent) is the holder of License No. 305787 issued by the Arizona Registrar of Contractors (Registrar).

On or about April 13, 2018, Millicent R. Williams (Complainant) signed a contract with Respondent for the reconstruction and repair of her home pursuant to a structural damage claim with her insurance carrier.

On or about January 28, 2019, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.

The Registrar assigned the complaint to Investigator Jack Grimm. After a jobsite inspection, Investigator Grimm issued a written directive to Respondent that provided as follows:

After investigation, the Registrar has verified that your work fails to meet minimum workmanship standards. A.R.S. § 32-1154(4)(3); A.A.C. R4-9-108. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to 5500.00. You must notify the Registrar's assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on December 6, 2019. . . .

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means

*Complaint Item 2: Materials and installation and cost of wood/iron gate.

Correct areas of poor cuts and welds on iron gates and paint for long term reliability.

Verify secured to fence block and adjust for functionality.

*Complaint Item 3: Incomplete and poor quality of wood stain on back porch.

Correct poor and inconsistent staining of beams, posts and T-111 ceiling sheathing at back porch. Stain fascia under tile trim on west end of patio.

*Complaint Item 4: Interior painting throughout house is unprofessional.

Correct locations of poor paint cut in locations at ceilings (wall color to ceiling color) in rooms. Correct poor coverage of paint on ceiling in dining room and living room.

*Complaint Item 8: Outside exterior wall need to be repainted.

Stucco wall at patio is OK, Paint exterior of back patio door.

*Complaint Item 11: Back porch ceramic tile on roof needs securing on edges

Secure roof tile.

*Complaint Item 13: Added at inspection with both parties in agreeance. Southwest comer of Az room not plumb.

Correct corner, make straight and plumb.

*Complaint Item 14: Email Oct 9th list. Not all of the electrical outlets in the office are accessible and/or operational.

Secure loose outlets.

*Complaint Item 15: Email Oct 9th list. The light fixture globe in the kitchen was cracked possibly due to painting the ceiling.

Replace per jobsite agreement.

*Complaint Item 16: Email Oct 9th list. There's paint splashes and residue on different Iights fixtures throughout the house.

Clean paint off all fixture that have paint on them.

*Complaint Item 17: Email Oct 9th list. There's a window frame between the two storage

units and a work bucket with paint rollers and trash inside left in backyard.

Remove construction debris from yard.

*Complaint Item 18: Email Oct 9th list. There's nail and tacks throughout the backyard left from work done on the house.

Clean nails from yard.

Following the issuance of the written directive, Respondent performed some corrective work. After the deadline in the directive expired, Investigator Grimm was notified that some corrective work had been performed, and he performed a compliance inspection.

During the compliance inspection on January 24, 2020, Investigator Grimm noted that Respondent had completed corrective work on complaint items 2, 4, 11, 13, 14, 15, 16, and 18, but that Respondent had not appropriately completed the corrective work on complaint items 3, 8, and 17.

The Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108; and A.R.S. § 32-1154(A)(22).

Investigator Grimm testified that while Respondent had stained the back porch, the sanding and staining repair process had left some damage to the exterior painted walls adjacent to the patio. Investigator Grimm also noted that the back patio exterior was painted very poorly with poor paint coverage and finish with the edges of the doors still unpainted, the jam nail holes not filled, and the jam unpainted. Investigator Grimm stated that the debris had not been removed from the backyard. Investigator Grimm indicated that he did not perform a prehearing inspection on the project.

Complainant testified that she moved into the home on May 30, 2018, and she realized the project was not done properly. Complainant indicated this was a very stressful time for her and that no one from Respondent came to the project to see if the corrective work had been done properly.

Mr. El-Mousa agreed with Investigator Grimm’s findings, but maintained that he was willing to perform any corrective work that still needed to be resolved.

Administrative notice is taken of Respondent’s prior License record on August 10, 2020. Such prior License record reflects that Respondent’s License No. 305787 was first issued on June 3, 2016, and is active. Such prior License record also reflects that there were no open or prior complaints against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108.

The evidence established that Respondent did not complete the corrective work in an appropriate manner following the Directive being issued. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License No. 305787 for a period of one day.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.

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.

-54864001

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-137160-45720000Done this day, August 10, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000