ALJDEC decisions subject to certification as final

2020A-04364-CHC-ROC · Registrar of Contractors · 2021-04-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Lauren A Bostick,

COMPLAINANT

Euro Fine Finishes LLC

License No. ROC 321771,

RESPONDENT

No. 2020A-04364-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 23, 2021

APPEARANCES: Complainant Lauren A. Bostick appeared via Google Meet. Sandor Bako appeared via Google Meet on behalf of Respondent, Euro Fine Finishes, LLC. Lisa Melton, Registrar of Contractors Investigator, appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

Carefree Floors, Inc. (Respondent) is the holder of License No. 321771 issued by the Arizona Registrar of Contractors (Registrar).

On or about October 22, 2019, Lauren A. Bostick (Complainant) signed a contract with Respondent a remodel of her condominium.

On or about September 9, 2020, the Registrar received a Complaint containing seventy items against Respondent from Complainant alleging poor work with respect to cracks in the tile in the master bathroom and around the fireplace.

The Registrar assigned the complaint to Investigator Lisa Melton. The jobsite inspection was performed on October 20, 2020.

Investigator Melton then issued a written directive on or about Ocotber 21, 2020 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(A)(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 $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on November 23, 2020.

. . .

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

Compliance Item 3: Unfinished cabinets; major overcuts, sloppy uneven cabinet handles, cabinets broken needing replacement

Investigator’s Observation: Installation is not complete including adjustments. Respondent should complete scope of work by appropriate means and methods. Cabinets that have excessive and unused opening(s) to piping should be corrected.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 5: Did not finish installing electrical appliances

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 6: Several areas that need repainted/repaired

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 7: Removed lights on stairs/in closet but never

replaced/reinstalled.

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 8: Holes throughout baseboards

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 9: Caulking missing replace reinstall

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 11: Chips in fireplace rock

Investigator’s Observation: One readily visible chip was identified by Complainant. Respondent should correct this condition should be corrected by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 12: Bathtub unfinished

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. No permits have been obtained. Respondent should comply with all requirements of the local building authority and provide proof of compliance to the investigator.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. §32-1154 (A) (2) (b), Departure from or disregard of: A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item 14: Undercut bathtub

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 20: Closet doors need adjusted/finished

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 22: Switches/lights all uneven;

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 24: No permits or receipts provided by contractor etc, etc, etc,

Investigator’s Observation: Financial matters (receipts) are not workmanship issues that can be inspected/evaluated. No permits have been obtained. Respondent should comply with all requirements of the local building authority and provide proof of compliance to the investigator.

Governing Rule: A.R.S. §32-1154 (A) (2) (b), Departure from or disregard of: A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item 25: Door handles and hardware not on correctly or missing pieces; caused damage to door/trim (downstairs and upstairs)

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 26: Stair railing needs holes filled in and repainted (middle stair railing)

Investigator’s Observation: Railing has been painted. One section of railing shows existing pilot holes; these holes are not visible in the remaining railing. Respondent should correct by appropriate means and methods.

Governing Rule:

ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 27: Holes in walls need repaired (one specific instance is the one downstairs in living room caused by contractor-wall that connects to stair railing)

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 28: Trim needs to be finished, holes need sealed and repaired

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner

Compliance Item 29: Painting throughout the home needs to be finished; downstairs bathroom was not painted prior to the mirror going on and it shows on the sides of the mirror

Investigator’s Observation: Incomplete paint is addressed in other complaint items. Incomplete paint around mirror is visible and Respondent should correct by appropriate means and methods.

Compliance Item 31: The cabinets that were installed throughout the home are damaged from sloppy work (major overcuts to cabinets and the majority of the handles are very crooked and have caused the need for the cabinet doors to be replaced; lazy susan trays are damaged and were supposed to be new; some cabinets are missing the clear dot; are not working properly or not aligned correctly, and some of the cabinets needs adjusted and have gaps or are damaged and need replaced

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. Respondent should correct unused/unsealed openings in cabinet backs.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 32: Bathtub missing hardware/unfinished/no safety on tub

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. No evidence to determine that safety floor on tub was part of the Contract (Invoice).

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 33: Toilets all need to be adjusted

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 34: Faucets/medicine cabinets/sinks/shower hardware and drains need to be adjusted/aligned/sealed and caulked

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. Sealant should be installed per manufacturer’s installation recommendations.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 35: Various holes need to be filled in throughout home

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 38: Lights in bathrooms need to be adjusted

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 39: Caulking/sealing needs to be done throughout the home

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 40: Light switches need adjusted and switch plates are missing; GFCI outlets not set up right/not working

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 41: Electrical appliances left uninstalled by contractor and wiring was left sticking out

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 42: Phone outlet not installed properly and is not working and not repaired/needs to be painted and repaired where cutouts are when fixed (alarm company unable to finish alarm installs due to unworking outlet caused by contractor)

Investigator’s Observation: Work is not complete. Respondent should complete

scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 44: Contractor covered up light in master bedroom closet-needs to be fixed and the sliding doors need to be fixed/repaired/ trim in closet needs fixed/ closet door hardware needs replaced/fixed to match other doors/ contractor improperly installed two different colors/pieces for top of closet doors even though homeowner expressly stated not to and the sliding doors were improperly installed and do not work correctly and look bad

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. Light is not working. Additionally, the upper track frame is spliced/two different finishes. Finally, wood trim at base of interior closet overhangs closet opening and should be corrected. Respondent should correct by appropriate means and methods. Contract (Invoice) is not sufficient to determine type of closet door or closet door hardware.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 45: Paint work needs to be done bedroom closet (other bedroom); contractor also removed light and did not replace the light; claims he doesn’t know where he put the cover piece but did not replace it

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. Texture next to light in this closet is unacceptable, however, I cannot substantiate that this was the work of the Respondent. Respondent agrees that he cannot locate the light cover and that he will replace the light cover.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 48: Electrical issues throughout the home; have left outlets uncovered for months (including outside electrical box)

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. §32-1154 (A) (2) (b), Departure from or disregard of: A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item 49: Doors that were reinstalled not latching properly; also need door stops; the ones installed appear to have caused damage to the surrounding walls and door pieces (missing hardware as well)

Investigator’s Observation: Contract (invoice) does call out door stops; “interior door hinges and handles changed for new...” unable to confirm that they are part of scope. However, work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 50: Doors need painting finished and proper sealing and need holes covered and sealed

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 51: Electrical outlets under the stairs need to be covered

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 52: The light switches throughout home are not all working properly as they did before (some of the reasons are because contractor covered up light when painted (master closet) or took out lights but did not reinstall (fan lights) and fans not connecting to switches as they did before (upstairs and downstairs)

Investigator’s Observation: Light in master closet complaint is duplicated (and addressed) in Complaint item #21. Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a

Compliance Item 53: Microwave filter needs to be replaced (accidentally damaged by contractor)

Investigator’s Observation: Respondent acknowledged that this item had been damaged by the Respondent. Respondent should correct this damage.

Compliance Item 54: Under cabinet lighting needs to be reinstalled so switches work again

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 56: Cabinets are not done inside and uninstalled

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 57: Contractor refuses to provide permits or submit names of subcontractors used for electrical and plumbing that was done throughout the home

Compliance Item 58: The GFCI outlets throughout home do not work properly or are not installed correctly

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 59: Doorbell part missing so does not work (was removed by contractor but never replaced); doorbell needs patched

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods. Doorbell has voids in surrounding stucco. Respondent should correct by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

Compliance Item 61: Nail holes throughout baseboards need patched

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 62: Recepticals throughout home need adjusted

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 63: There is a huge hole near one of the toilets where the contractor installed it that needs repaired

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 64: Showers need sealed

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 65: Tile needs sealed

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 66: Washer and dryer need to be reinstalled

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 68: All the livewires sticking out need to be corrected/trimmed as necessary and covered up

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. §32-1154 (A) (2) (b), Departure from or disregard of: A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item 69: Range electrical outlet needs to be fixed/receptacle put on and Range needs to be setup

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item 70: Switch cover plates missing throughout home (garage, master closet, etc

Investigator’s Observation: Work is not complete. Respondent should complete scope of work by appropriate means and methods.

Governing Rule: ARS §32-1154 (A) (3), Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

(All errors contained in original)

On December 4, 2020, Investigator Melton performed a Compliance Jobsite Inspection. In her Notes regarding the same, Investigator Melton found that 23 items were still not in compliance.

On December 18, 2020, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(2)(b), A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108; and A.R.S. § 32-1154(A)(22).

On or about December 30, 2020, Respondent e-mailed an Answer to the Registrar.

On or about February 19, 2021, a Notice of Hearing was issued setting a hearing on March 23, 2021 at the Office of Administrative Hearings, an independent state agency.

Investigator Melton testified as to her involvement and the above timeline.

Investigator Melton testified that it was her belief that the timeline given in the Directive was sufficient to repair the work needed, and that Respondent should have at least have the permit process started.

Complainant testified on her own behalf and called Eva Schoenaur, Victor Ibarra and Suzanne M. Siterlet as witnesses.

Complainant testified that she was frustrated at all of the unfinished work. She testified that during the Directive time period, Mr. Bako would routinely change the times and days of his availability to come and do the work. Since Complainant was not residing in her condominium while the work was ongoing, she testified that this created problems when should would have to constantly adjust her schedule.

Further, Complainant testified that she hired her own inspector to inspect the work performed and was informed that some of the electrical work performed by Mr. Bako resulted in a fire hazard.

In addition, Complainant testified that Mr. Bako usually only had one worker present on the jobsite and that the worker was not competent or comfortable performing some of the work.

With regards to the permit issue, Complainant testified that there was a discussion about obtaining a permit, but that Mr. Bako informed her that a permit was not needed.

Ms. Schoenaur testified that Complainant was residing with her initially as the work commenced, but that Complainant had to move out due to COVID-19 concerns. Ms. Schoenaur testified that she would routinely check on the progress of the remodel since Complainant was no longer on the property. Ms. Schoenaur testified that she rarely saw Mr. Bako at the jobsite and usually only saw one worker present.

Next, Mr. Ibarra testified on behalf of Complainant. Mr. Ibarra testified that he was a licensed contractor and testified as to the general appearance of the work performed and that it was not completed properly. He testified that he did not believe that the project was 85% complete.

Finally, Ms. Siterlet testified that she was present with Complainant at the time the parties were negotiating and she heard Mr. Bako state that he would handle the permits. Further, she testified that Mr. Bako was not at the jobsite when she was there.

Mr. Bako testified on behalf of Respondent. He testified that he had been a licensed contractor for years and never had any complaints. He believed that he only needed one for day to fix everything.

Mr. Bako testified that he does not pull permits, rather the owner would if they are required. Further, Mr. Bako testified that he requested the permit fee with Complainant and that she stated that “we’ll worry about it later.” However, Mr. Bako admitted that he did not do anything to obtain a permit after the Written Directive was issued by Ms. Melton.

Mr. Bako testified that the kitchen was major construction and that Complainant would change her mind about things, which is why the shelves on in the cabinets were not installed as he did not know at what level Complainant desired.

Mr. Bako disputed there were any fire hazards as the electrical was done correctly, and the outlet issues were corrected.

Mr. Bako testified that he put the finest items in the house and performed a lot of extra work that was not part of the agreement. Further, he gave Complainant and her family N-95 masks during the height of the pandemic.

Finally, Mr. Bako testified that he tried his best to comply with the directive, but he had to work on other paying projects as a priority due to his financial situation.

Administrative notice is taken of Respondent’s prior License record on April 5, 2021. Such prior License record reflects that Respondent’s License No. 321771 was first issued on August 28, 2018, and reflects that there is 1 open complaint, namely the present complaint.

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 no permit was obtained on this project. While the city may make the property owner apply for the same, the Registrar places the onus on the contractor to ensure a permit is obtained prior to the specific construction commencing. Thus, Mr. Bako would be tasked with obtaining the permit if Complainant refused to do the same. In this case work was clearly done without a permit in violation of A.R.S. § 32-1154(A)(2)(b).

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Unfinished cabinets, installation of appliances, electrical work, painting, chips in tile, holes in baseboards, uneven light switches, holes in walls, trim work, plumbing hardware missing, caulking and electrical work were all below workmanship 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 failed to complete the corrective work following the Directive being issued. There were still 23 items from the Directive left uncorrected with the major one being the permit. While it is admirable that Mr. Bako helped with other projects not part of the contract, he should have focused his attention on the directive and should have made that the priority. 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. 321771 for a period of four days.

It is further recommended that the Registrar require Respondent to pay the sum of $400.00 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 30 days from the date of that certification.

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-137160-45720000Done this day, April 5, 2021.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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