ALJDEC decisions subject to certification as final

2019A-06220-CHC-ROC · Registrar of Contractors · 2021-01-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Grey C. Murphy

COMPLAINANT,

v.

Old World Craftsmen LLC

License No. 280264,

RESPONDENT.

No. 2019A-06220-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 29, 2020

APPEARANCES: James Csontos, Esq. appeared on behalf of Complainant Grey C. Murphy. No one appeared on behalf of Respondent Old World Craftsmen, LLC (Old World Craftsmen).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

Old World Craftsmen holds B-3 General Remodeling and Repair license

number 280264 issued by the Registrar of Contractors (Registrar).

Complainant Grey C. Murphy and Old World Craftsmen entered into a

contract wherein Old World Craftsmen would construct a new lake view log home for

Mr. Murphy.

Old World Craftsmen did not provide Mr. Murphy with a written contract that

advised Mr. Murphy of his right to file a complaint with the Registrar against Old World Craftsmen for an alleged violation of Ariz. Rev. Stat. section 32-1154(A) within the time allowed by Ariz. Rev. Stat. section 32-1155(B).

Old World Craftsmen began construction in 2017.

Old World Craftsmen stopped work on June 28, 2019 and abandoned the

project.

On or about December 18, 2019, the Registrar received a complaint from

Mr. Murphy alleging poor workmanship and abandonment on behalf of Old World Craftsmen.

Registrar Investigator Chris Allison scheduled a job-site inspection for the

month of February of 2020. The parties resolved the matter and Mr. Murphy withdrew the complaint. Investigator Allison closed the complaint.

On or about July 24, 2020, Mr. Murphy requested to reopen the complaint

and filed additional addendum items.

On or about August 18, 2020, Registrar Investigator Chris Allison conducted a

job-site inspection.

On August 20, 2020, the Registrar notified Old World Craftsmen through a

written Directive that its work failed to meet minimum workmanship standards and that it failed to install several items in accordance with the approved plans. See the Registrar’s Administrative Record, pgs. 49-59. Through the Directive, the Registrar directed Old World to correct the complaint items 1 through 13, and 15 through 19. Old World Craftsmen was not required to correct complain item 14. The deadline for compliance was prior to 5:00 p.m. on September 20, 2020. The Registrar notified Old World Craftsmen through the Directive that it was acting as a general contractor and out of the scope of its B-73 license. See id.

Old World Craftsmen failed to correct the items listed in the Directive by

September 20, 2020.

12. On October 1, 2020, the Registrar issued a Citation against Old World Craftsmen’s license. Through the Citation, the Registrar alleged that Old World Craftsmen may have violated Ariz. Rev. Stat. section 32-1158; 32-1154(A)(2); 32-1154(A)(2)(a); 32-1154(A)(12) and (16); violated Ariz. Rev. Stat. section 32-1154(A)(3) (specifically, Ariz. Admin. Code section R4-9-108(a) and (b); Ariz. Rev. Stat. section 32-1154(A)(22).

13. The Citation shows that if the Administrative Law Judge finds that the alleged charges are valid, the Registrar may suspend or revoke the license of Old World Craftsmen.

14. Old World Craftsmen filed a timely answer to the Citation.

15. The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing.

16. On November 25, 2020, the Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on December 29, 2020, by the OAH in Phoenix, Arizona.

17. A hearing was conducted on December 29, 2020.

18. At hearing, Mr. Murphy testified that Old World Craftsmen abandoned the project and performed poor work.

19. No one appeared on behalf of Old World Craftsmen at the hearing on December 29, 2020. Old World Craftsmen did not contact the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed. Consequently, the matter was convened in Old World Craftsmen’s absence. Old World Craftsmen did not present any evidence to defend its license.

20. Administrative notice is taken of Respondent’s prior License record on January 19, 2021. Such prior License record reflects that Respondent’s License No. 280264 was first issued on August 2, 2012, and is revoked. Such prior License record also reflects that there is one open complaint against License No. 280264, and one complaint that resulted in discipline against License No. 280264. Such prior License record reflects that three complaints against License No. 280264 were resolved or settled by Respondent or withdrawn by the complainant after issuance of a corrective work or formal citation.

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.

The revoked status of Respondent’s license does not deprive Complainant

of his right to prosecute the Complaint or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.

To warrant such sanctions by the Registrar, Complainant 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 preponderance of the evidence shows that Respondent abandoned the

project, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(1).

The preponderance of the evidence shows that Respondent did not

perform construction in compliance with approved plans, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(2)(a).

The preponderance of the evidence shows that Respondent did not perform

the work in a professional and workmanlike manner in violation of A.A.C. R4-9-108(a), and thereby of A.R.S. § 32-1154(A)(3).

The preponderance of the evidence shows that Respondent did not

perform the work in accordance with professional industry standards, which is a violation of of A.A.C. R4-9-108(b), and thereby of Ariz. Rev. Stat. section 32-1154(A)(3).

The preponderance of the evidence shows that Respondent contracted

beyond the scope of its B-3 General Remodeling and Repair license, which is a violation of Ariz. Rev. Stat. section 32-1154 (A)(16).

9. The undisputed evidence established that Old World Craftsmen’s contract did not include a statement that the property owner has the right to file a written complaint with the Registrar for alleged violations of Ariz. Rev. Stat. section 32-1154(A), which is a violation of Ariz. Rev. Stat. section 32-1154(A)(12) and Ariz. Rev. Stat. section 32-1158.

10. The preponderance of the evidence shows that Respondent failed to comply with the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the order in this matter, License No. 280264 of Old World Craftsmen is revoked.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty.

It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 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.

Done this day, January 19, 2020.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors