ALJDEC decisions subject to certification as final
2021A-01064-CHC-ROC · Registrar of Contractors · 2021-08-10
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Brianna Scudder,
COMPLAINANT,
v.
LHH/Amarillas Bros Construction LLC,
License No. ROC 323310,
RESPONDENT.
No. 2021A-01064-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 4, 2021
APPEARANCES: Complainant Brianna Scudder appeared on behalf of herself. No one appeared on behalf of Respondent LHH/Amarillas Bros Construction LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
On June 25, 2021, the Registrar issued a Notice of Hearing setting the
matter for hearing on August 4, 2021 at the Office of Administrative Hearings in Phoenix, AZ at 9:00 a.m.
No representative for Respondent Amarillas Bros Construction (ABC)
appeared at the scheduled time and the matter was convened in its absence.
On or about April 1, 2020, Complainant Brianna Scudder entered into a
residential construction contract with Respondent Amarillas Bros Construction (ABC).
Respondent did not provide Ms. Scudder with a written contract that advised
Ms. Scudder of her right to file a complaint with the Registrar against Respondent for an alleged violation of Ariz. Rev. Stat. section 32-1154(A), within the time allowed by Ariz. Rev. Stat. section 32-1155(A).
On April 13, 2020, ABC began work under the contract.
On May 25, 2020, ABC stopped work.
On or about March 11, 2021, Complainant Brianna Scudder filed a complaint
with the Arizona Registrar of Contractors (Registrar) alleging abandonment and poor work on the part of ABC.
On April 6, 2021, Registrar Investigator Mike Springer conducted a job-site
inspection.
On April 7, 2021, the Registrar issued a Directive to ABC. The Directive
provided, in relevant part, as follows:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. 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 May 7th, 2021.
RESTRICTIONS
• You may not perform or hire other contractors to perform work that is outside the scope of your license.
• If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - 2 bedrooms and 2 bathrooms were to be painted and new floor installed, plus a remodel of the master bathroom. no work was ever started on any of the rooms/bathrooms.
Investigator’s Observation: Bedrooms 1 and 2 have not been worked on by the Respondent. The Complainant did remove the popcorn ceiling herself in bedroom 2. Neither bathrooms have had work done.
Governing Rule: 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: 2 - FLOORING: only the front of the house was worked on the flooring has paint all over. he did not apply flooring to the laundry room or hall closet.
Investigator’s Observation: Flooring is not installed in hall closet or laundry room. Paint drips on living room floor.
Governing Rule: 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: 3 - no transition strips between tile and vinyl were applied.
Investigator’s Observation: Transition strips are missing where tile and plank flooring meet.
Governing Rule: 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: 4 - huge dip in the flooring in the hallway causing the flooring to Crack and bend poorly done.
Investigator’s Observation: Bump in floor in hallway. Tiles are curving up causing separation.
Governing Rule: 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 - PAINT: Very poorly done did not remove all the popcorn from the ceilings did not apply texture
completely.
Investigator’s Observation: Painting is incomplete and poorly done. Not even where two colors meet at ceiling. Poor painting conditions are throughout the home. Popcorn texture still around ceiling fan. Drywall repair around ceiling fan done poorly.
Governing Rule: 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 - over spray of texture all over my light fixtures, television, doors, and floors. did not complete paint in areas did not move anything. just painted around.
Investigator’s Observation: Overspray paint or texturing on can lights, smoke alarm and hallway light.
Governing Rule: 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 - did not paint baseboards. BASEBOARDS: did not apply throughout house. did not apply caulking to them did not paint them and areas where he never installed new ones.
Investigator’s Observation: Baseboards are not complete. Cuts are done poorly, caulking was not used to fill gaps. Baseboards are not painted.
Governing Rule: 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 - KITCHEN REMODEL: Never started backslash.
Investigator’s Observation: No backsplash has been installed Pic 31.
Governing Rule: 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 - never started the refinishing of my cabinets,
Investigator’s Observation: Complainant refinished upper cabinets. Lower cabinets have not been refinished.
Governing Rule: 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: 10 - did not replace countertops basically did nothing in the kitchen.
Investigator’s Observation: Kitchen countertops have not been replaced.
Governing Rule: 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: 12 - two large chips in the tile.
Investigator’s Observation: Tile near front entry in kitchen has two large chips. Tile near stove has large chip.
Governing Rule: 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.
ABC did not correct the Directive items by the due date.
On or about May 21, 2021, the Registrar issued a Citation against ABC’s
license. Through the Citation, the Registrar alleged that ABC may have violate Ariz. Rev. Stat. sections 32- 1154(A)(3), (specifically, Ariz. Admin. Code section R4-9-108(a); Ariz. Rev. Stat. section 32-1154(A)(12); Ariz. Rev. Stat. section 32-1158;
Ariz. Rev. Stat. section 32-1154(A)(22).
The Citation shows that if the Administrative Law Judge finds that the
alleged charges are valid, the Registrar may suspend or revoke ABC’s license.
ABC filed a timely answer to the Citation.
The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
A hearing was held on August 4, 2021.
At hearing, Investigator Springer testified regarding his investigation of the
Complaint, including the issuance of the Directive. Ms. Scudder testified on behalf of herself.
Ms. Scudder explained at hearing that ABC performed poor work in the
remodeling of her home.
Administrative notice is taken of Respondent’s disciplinary history as shown
on the Registrar’s public website on August 10, 2021. Respondent’s license record shows that its license was issued on January 18, 2019 and that there is only one open complaint against Respondent’s license. Respondent’s license has never been disciplined by the Registrar.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.
3. The Administrative Law Judge may consider ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.
4. 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).
5. The preponderance of the evidence does not show that Respondent failed to perform the work in a professional and workmanlike manner, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(a).
6. The preponderance of the evidence shows that Respondent failed to
correct the items listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).
7. The undisputed evidence established that the 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).
8. The preponderance of the evidence shows that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(12), namely Ariz. Rev. Stat. section 32-1158(A).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend ROC License: No. 323310 held by LHH/Amarillas Bros Construction, LLC for three days.
It is further recommended that the Registrar require Respondent to pay the sum of $250.00 as a civil penalty pursuant to Ariz. Rev. Stat. section 32-1154(E).
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.
Done this day, August 10, 2021.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors