FINACT2019A-04306-OMC-ROC-FinalAgencyAction-6675.pdf

2019A-04306-OMC-ROC · Registrar of Contractors · 2019-12-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2019-04306 COMPLAINANT, Docket No. 2019A-04306-OMC-ROC v. Value Cabinets LLC FINAL ADMINISTRATIVE License No. ROC 325126, DECISION AND ORDER RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection of each finding of fact or conclusion of law. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. The Registrar reviewed that decision and accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on January 18, 2020.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 FINAL NOTE On page 1, line 23 replace “Mark Wickey owns 25% of the LLC and is the qualifying party for Value Cabinets” with “Mark Wickey owns 25% of the LLC and is the qualifying party for Value Cabinets’ license 320163.” Dated December 9, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Copy mailed via USPS First Class mail December 9, 2019 to: Respondent Value Cabinets LLC 4915 W Bell Rd #F102 Glendale, AZ 85308 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Thomas Shedden, Administrative Law Judge Case No. 2019-04306 / SA

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 Received 11/27/2019 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors, No. 2019A-04306-OMC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Value Cabinets LLC, DECISION License No. ROC 325126, RESPONDENT

HEARING: November 15, 2019

APPEARANCES: No one appeared for Respondent; John Tellier, Esq. for the

Registrar of Contractors

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On October 11, 2019, the Registrar of Contractors (“ROC”) issued a

NOTICE OF HEARING setting the above-captioned matter for hearing at 9:00 a.m. on

November 15, 2019 at the Office of Administrative Hearings in Phoenix, Arizona.

2. No representative for Respondent Value Cabinets LLC appeared at the

scheduled time and the matter was convened in its absence at about 9:17 a.m.

3. ROC alleges that Value Cabinets has violated ARIZ. REV. STAT. section 32-

1154(A)(20).

4. Value Cabinets has been issued two licenses, number 320163 that was revoked on August 26, 2019, and number 325126 that is at issue in this matter. 5. Marvin Hemann owns 75% of the LLC. 6. Mark Wickey owns 25% of the LLC and is the qualifying party for Value Cabinets. 7. Mr. Wickey is also the sole owner and qualifying party for Simple Heart LLC that holds license number 190131. 8. On March 25, 2019, Johnethia L. Subay filed with ROC a complaint against Value Cabinets, but the complaint gave the license number as 190131. Mr. Hemann had provided Ms. Subay with a business card with his name, the Value Cabinets’ name, and license number 190131.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 11/27/2019 ROC Legal

9. ROC determined that Ms. Subay’s complaint was properly directed to Value Cabinets’ license 320163 that was issued in May 2018. 10. ROC conducted a job site investigation of Ms. Subay’s property on May 28, 2019. Messrs. Hemann and Wickey were both present at that investigation. 11. As a result of Ms. Subay’s complaint, ROC issued to Value Cabinets a citation that led to its license number 320163 being revoked. 12. On July 7, 2019, while Ms. Subay’s complaint was pending at ROC, Value Cabinets was issued license number 325126 that is at issue in this matter. 13. On September 18, 2019, ROC issued a citation alleging that Value Cabinets may have violated ARIZ. REV. STAT. section 32-1154(A)(20). 14. At the hearing, ROC requested that Value Cabinets’ license number 325126 be revoked. CONCLUSIONS OF LAW 1. “At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” ARIZ. REV. STAT. § 41-1092.07(G)(2). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119. 3. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. BLACK’S LAW DICTIONARY 1373 (10th ed. 2014). 4. Statutes should be interpreted to provide a fair and sensible result. Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)(citation omitted); State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968) ("Courts will not place an absurd and unreasonable construction on statutes."). 5. “Statutes shall be liberally construed to effect their objects and to promote justice.” ARIZ. REV. STAT. § 1-211(B). Received 11/27/2019 ROC Legal

6. The purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors. See Aesthetic Property Maintenance v. Capital Indem. Corp., 183 Ariz. 74, 900 P. 2d 1210 (1995). 7. ARIZ. REV. STAT section 32-1154(A)(20) provides that “Having a person named on the license who is or was named on any other license in this state or in another state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license …” is grounds for suspension or revocation of the license. 8. The preponderance of the evidence show that Mr. Hemann was named on Value Cabinets’ license number 320163 when the acts that led to that license being revoked occurred. 9. Considering the facts and circumstances of this matter, Value Cabinets’ license number 325126 should be revoked. ORDER IT IS ORDERED that on the effective date of the final order in this matter Value Cabinets LLC’s license number 325126 is revoked. 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, November 26, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors