ALJDEC decisions subject to certification as final

2021A-02130-CHC-ROC · Registrar of Contractors · 2021-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Kyle Brandon Seabert,

COMPLAINANT,

v.

Jeffrey Allen Hunt

DBA: Total Home Repair & Remodeling

License No. ROC 290945,

RESPONDENT.

No. 2021A-02130-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 10, 2021

APPEARANCES: Complainant Kyle Brandon Seabert (Complainant) appeared on behalf of himself. Respondent Jeffrey Allen Hunt (Respondent) appeared on behalf of himself.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Respondent holds license number 290945 issued by the Arizona Registrar of Contractors (Registrar).

2. On or about August 23, 2020, Respondent agreed to build a room addition at Complainant’s home for the amount of $58,575.

3. Complainant subsequently agreed to perform the electrical work for the room addition.

4. In 2020 and 2021, Respondent performed work under the contract.

5. Respondent did not obtain a permit for the project.

6. On March 27, 2021, Complainant terminated Respondent’s services. 7. At some time between March 27, 2021 and May 21, 2021, Complainant had framing work completed at his home that was outside the scope of Respondent’s contract.

8. On May 12, 2021, the Registrar received a complaint from Complainant alleging poor workmanship and fraud on the part of Respondent. Complainant reported that he had paid Respondent $25,000 for the project.

9. The Registrar assigned the complaint to Investigator Mike Wiskow.

10. On May 21, 2021, Investigator Wiskow conducted a job-site inspection.

11. On May 24, 2021, the Registrar issued a Directive to Respondent directing Respondent to complete the project and obtain the permit for the project no later than June 24, 2021.

12. Respondent failed to obtain the permit and complete the project by June 24, 2021. Respondent did not request an extension of time to complete the Directive.

13. Investigator Wiskow scheduled a compliance job-site inspection for July 7, 2021.

14. On July 7, 2021, Investigator Wiskow called Respondent and inquired whether Respondent complied with the Directive. Respondent informed Investigator Wiskow that he was only required to perform framing and footing work. Respondent informed Wiskow that he was working on obtaining the permit.

15. On July 8, 2021, the Registrar issued a Citation against Respondent’s license. Through the Citation, the Registrar alleged that Respondent may have violated Ariz. Rev. Stat. § 32-1154(A)(3) and (A)(22). The Registrar also alleged that Respondent may have violated Ariz. Admin. Code R9-22-108(A).

16. Respondent filed a timely answer to the Citation and the matter was referred to the Office of Administrative Hearings for an evidentiary hearing.

17. On August 5, 2021, the Registrar issued a Notice of Hearing setting the matter for hearing on September 10, 2021.

18. A hearing was held on September 10, 2021.

19. At hearing, Complainant testified on behalf of himself. Respondent testified on behalf of himself. Investigator Steve Nelson testified regarding Investigator Wiskow’s investigation of the compliant and issuance of the Directive.

20. Complainant explained that Respondent performed poor work in connection with the home addition project.

21. Respondent stated that he started construction work on October 2, 2020. Respondent performed interior work, drywall work, tile removal, and demolished the laundry room. Respondent stated that Complainant never agreed to the August 23, 2020 proposal because of the price. Respondent stated that he agreed to perform flooring, footing, and framing work that including sheeting. Respondent stated that Complainant agreed to perform all of the other work.

22. Respondent stated that it was difficult to obtain a permit because of the COVID-19 pandemic. Respondent asserted that the framing work that was completed by someone other than Respondent was connected to the framing work that Respondent was obligated to perform. However, Respondent has since applied for a permit and is waiting for the permit to be issued.

23. Administrative notice is taken of Respondent’s disciplinary history as shown on the Registrar’s public website on September 30, 2021. Respondent’s license record shows that its licensed was issued on April 16, 2014 and that there is only one open complaint against Respondent’s license. Respondent’s license has never been disciplined by the Registrar. Respondent’s lack of disciplinary history is considered a mitigating factor in the imposition of discipline and of a civil penalty.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. section 32-1101 et seq.

Complainant bears the burden of proof to establish Respondent’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. section

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 section 5 (1960).

3. The Administrative Law Judge may consider the Registrar’s administrative record. See Ariz. Admin. Code § R4-9-118.

4. The preponderance of the evidence shows that Respondent did not 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).

5. 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).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar suspend license number 290945 issued to Jeffrey Allen Hunt DBA: Total Home Repair & Remodeling, for one day.

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, September 30, 2021.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors