FINACT2020A-00238-NPC-ROC.pdf

2020A-00238-NPC-ROC · Registrar of Contractors · 2020-06-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Top Rated Plumbing LLC, Case No. 2020-00238 COMPLAINANT, Docket No. 2020A-00238-NPC-ROC v. Deluxe Home Remodeling LLC, FINAL ADMINISTRATIVE License No. ROC 301810, 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 June 29, 2020. FINAL NOTE Page 2, paragraph 14, lines 18 through 19, “Deluxe Home’s license has been disciplined once.” should be removed.

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 Dated May 20, 2020. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Arizona Registrar of Contractors Copy mailed via USPS First Class mail May 20, 2020 to: Respondent Deluxe Home Remodeling LLC PO Box 8595 Surprise, AZ 85374

Complainant Top Rated Plumbing LLC 406 N 101st Pl Mesa, AZ 85207-7213

Copy sent electronically this same date to: Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2020-00238 / MB

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 5.8.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Top Rated Plumbing LLC, No. 2020A-00238-NPC-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE v. DECISION

Deluxe Home Remodeling LLC, License No. 301810,

DELUXE HOME.

HEARING: April 17, 2020 APPEARANCES: Brandon Gray appeared on behalf of Complainant Top Rated Plumbing, LLC. No one appeared on behalf of Deluxe Home Remodeling, LLC. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson _____________________________________________________________________ FINDINGS OF FACT 1. In December of 2019, Complainaint Top Rated Plumbing, LLC (Top Rated) agreed to perform plumbing work for Deluxe Home Remodeling (Deluxe Home). 2. Top Rated performed plumbing work for Top Rated in December of 2019. 3. In January of 2020, Top Rated issued invoices to Deluxe Home for the work it performed in the total amount of $1,569. 4. Deluxe Home did not pay the invoices. 5. On or about January 10, 2020, the Arizona Registrar of Contractors (Registrar) received a complaint from Top Rated alleging that Deluxe Home failed to pay for services provided in connection with a plumbing contract. 6. On February 6, 2020, the Registrar issued a CITATION against Deluxe Home’s license for an alleged violation of Arizona Revised Statutes (A.R.S.) § 32- 1154(A)(10). The CITATION shows that if the Administrative Law Judge finds that the charge is valid, the Registrar may suspend or revoke Deluxe Home’s license. RECEIVED 5.8.2020 ROC LEGAL

7. Deluxe Home filed a timely answer to the CITATION. 8. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing. 9. On March 17, 2020, the Registrar issued a Notice of Hearing setting the matter for hearing on April 17, 2020. The Notice of Hearing shows that the hearing was set to consider the charges made in the CITATION and complaint. 10. A hearing was held on April 17, 2020. 11. At hearing, Brandon Gray testified on behalf of Top Rated. 12. Mr. Gray explained that Deluxe Home hired Top Rated to perform plumbing work and to identify a water leak. Although Top Rated performed the work, Deluxe Home failed to pay Top Rated for its services. 13. No one appeared on behalf of Deluxe Home at the hearing on April 17, 2020. Deluxe Home did not contact the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed, or present any evidence at the hearing on its behalf. The matter was convened in Deluxe Home’s absence. 14. Administrative notice is taken of Deluxe Home’s license history. According to the Registrar’s website on May 7, 2020, Deluxe Home’s license was issued on November 23, 2015, and is suspended. Deluxe Home’s license has been disciplined once. There is one open complaint against Deluxe Home’s license. Deluxe Home’s license has never been disciplined by the Registrar. CONCLUSIONS OF LAW 1. A party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119. 2. The suspended status of Deluxe Home’s license does not deprive

2 RECEIVED 5.8.2020 ROC LEGAL

Complainant of its right to prosecute its complaint against Deluxe Home or prevent the Registrar from determining the merits of Complainant’s complaint.1 This matter lies within the Registrar’s jurisdiction.2 3. “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). 4. 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). 5. 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."). 6. “Statutes shall be liberally construed to effect their objects and to promote justice.” ARIZ. REV. STAT. § 1-211(B). 7. 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). 8. ARIZ. REV. STAT section 32-1154(A) provides that: The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: …. 10. Failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in

1 See A.R.S. § 32-1154(C). That statute provides that “[t]he expiration, cancellation, suspension or revocation of a license . . . shall not deprive the registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such license, or to render a decision suspending or revoking such a license . . . .” See A.R.S. § 32-1154(A). 3 RECEIVED 5.8.2020 ROC LEGAL

connection with the licensee's operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 9. The preponderance of the evidence shows that Deluxe Home violated ARIZ. REV. STAT section 32-1154(A)(10) as alleged. ORDER IT IS ORDERED that on the effective date of the final ORDER in this matter, Deluxe Home Remodeling, LLC license number 301810 is revoked unless the Registrar receives and accepts written verification that Deluxe Home Remodeling, LLC has paid to Top Rated Plumbing, LLC $1,569 in certified funds. 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 17, 2020. /s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors