ALJDEC decisions subject to certification as final

2020A-03251-CHC-ROC · Registrar of Contractors · 2020-10-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Monty Lee Christo,

COMPLAINANT

All Environmental Electric LLC,

License No. ROC 204972,

RESPONDENT

No. 2020A-03251-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 9, 2020

APPEARANCES: Complainant Monty Lee Christo appeared on his own behalf. Edgar Ramirez, Qualifying Party, appeared on behalf of Respondent All Environmental Electric LLC was represented by Lily Richardson.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

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FINDINGS OF FACT

All Environmental Electric LLC (Respondent) is the holder of License No. 204972 issued by the Arizona Registrar of Contractors (Registrar).

On or about August 29, 2018, Monty Lee Christo (Complainant) entered into a contract with Screw Solar for the installation of a solar battery storage system for the contract price of $10,750.00, which Complainant paid in full. In the note section of the contract, the handwritten notation of “#204972” was made.

On or about March 28, 2019, Complainant entered into a supplemental contract with Screw Solar for the installation of a solar battery storage system for the contract price of $3,089.00, which Complainant paid in full. In this version of Screw Solar’s contract, the Screw Solar logo was surrounded by the text “All Environmental Electric L.L.C.”, the “fine print” of the contract included the statement that “Installation to be completed by and third party financing provided through All Environmental Electric LLC CR-11 204972.” and the bottom line of the contract form read, “AEE, LLC 1955 W Baseline Rd Mesa, AZ 85202 (602) 715-0912 CR-11 204972.”

Both the August 29, 2018 and March 28, 2019 contracts were authorized by Mike Bulatovich on behalf of Screw Solar.

Screw Solar performed no work on the project.

On or about July 7, 2020, the Registrar received a Complaint against “ScrewSolar AEE,LLC C-11 204972 & Sundrop Solar ROC 293661 (Mike (Miro) Bulatovich, Agent/Owner of both companies / not licensee” alleging abandonment with respect to the project.

The Registrar assigned the complaint to Investigator Steven Avila. After a jobsite inspection, Investigator Avila referred the matter to legal for an abandonment charge.

The Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(1).

Complainant testified that he had previously worked with Mr. Bulatovich when Mr. Bulatovich was operating under the name Sundrop Solar. Complainant stated that he did not recall Mr. Bulatovich making any representation that he was associated with Respondent during the interactions. Complainant acknowledged that his contracts were solely with Screw Solar and that his payments were made to Screw Solar.

Mr. Ramirez testified that he had never heard of Complainant and had no knowledge of the contract at issue in this matter. Mr. Ramirez testified that he did not know how to install a solar battery storage system, so he would never have entered into such a contract. Mr. Ramirez stated that he knew Mr. Bulatovich in that he had worked with him on one project, but had no professional connection with him. Mr. Ramirez represented that he only became aware of the contract Complainant had with Screw Solar after Respondent received the citation from the Registrar.

Respondent indicated that it had issued a Cease and Desist letter to Mr. Bulatovich when it learned that Mr. Bulatovich was fraudulently using its license number on his contracts.

Administrative notice is taken of Respondent’s prior License record on October 29, 2020. Such prior License record reflects that Respondent’s License No. 204972 was first issued on March 10, 2005, and is currently revoked. Such prior License record also reflects that there were three prior complaints resulting in discipline against Respondent’s license.

Administrative notice is taken of Sundrop Solar’s prior License record on October 29, 2020. Such prior License record reflects that Mr. Bulatovich was the member on Sundrop Solar’s License No. 293661 was first issued on July 8, 2014, and is currently revoked. Such prior License record also reflects that there were nine prior complaints resulting in discipline 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 was not a party to the contract between Complainant, Mr. Bulatovich, and Screw Solar. While Complainant knew Mr. Bulatovich, he had no reason to believe Screw Solar was associated with Respondent in any way and Respondent cannot be held responsible for Mr. Bulatovich’s fraudulent use of Respondent’s license number. Accordingly, Complainant failed to establish that Respondent abandoned the contract in violation of A.R.S. § 32-1154(A)(1).

RECOMMENDED ORDER

It is recommended that on the effective date of the Registrar’s final order in this matter, the Registrar close Complainant’s complaint in Case No. 2020-03251 against Respondent’s License No. 204972.

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.

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-137160-45720000Done this day, October 29, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000