ALJDEC decisions subject to certification as final

2021A-02654-CHC-ROC · Registrar of Contractors · 2021-11-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Edward Michael Stanley,

COMPLAINANT,

v.

Brian Timothy Hilliard

DBA: Desert Cabinet Refinishing,

License No. ROC 181474,

RESPONDENT.

No. 2021A-02654-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 14, 2021

APPEARANCES: Complainant Edward Michael Stanley appeared on behalf of himself. Respondent Brian Timothy Hilliard appeared on behalf of himself.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. On or about March 11, 2021, Respondent Brian Timothy Hilliard

DBA: Desert Cabinet Refinishing (Hilliard) and Complainant Edward Michael Stanley entered into a contract wherein Hilliard would perform touch up work on Stanley’s kitchen cabinets for the amount of $500. Hilliard required a $250 advanced payment.

2. On March 11, 2021, Stanley paid Desert Cabinet $250. Hilliard told Stanley that he would contact him the following week to arrange a time to begin work.

3. Hilliard performed no work under the contract.

4. On or about June 12, 2021, Stanley filed a complaint with the Registrar of Contractors (the ROC) alleging abandonment on the part of Hilliard.

5. On July 21, 2021, Registrar Investigator Lisa Melton conducted a job-site inspection.

6. On July 21, 2021, Investigator Melton issued a Directive to Hilliard ordering Hilliard to complete the project no later than 5:00 p.m. on August 6 2021.

7. Hilliard did not complete the project by the August 6, 2021 deadline.

8. On August 12, 2021, the Registrar issued a Citation against Hilliard’s license. Through the Citation, the Registrar alleged that Hollard may have violated Arizona Revised Statutes (A.R.S.) §§ 32-1154(A)(1) and (22).

9. Hilliard filed a timely answer to the Citation.

10. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.

11. A hearing was held on October 14, 2021. At hearing, Stanley testified on behalf of himself. Hilliard testified on behalf of himself. Investigator Melton testified regarding the investigation of the complaint and the issuance of the Directive.

12. At hearing, Mr. Stanley explained that Mr. Hilliard abandoned the project after Mr. Stanley paid half of the amount owed under the contract.

13. Mr. Hilliard did not dispute that he abandoned the project. Mr. Hilliard explained that he did not complete the project due to a financial hardship.

14. Administrative notice is taken of Hilliard’s prior License record on November 2, 2021. Such prior License record reflects that Hilliard’s License No. 181474,

was first issued on January 5, 2003, and is active. Such prior License record also reflects that there were no other open or prior complaints against Hilliard’s license. The lack of disciplinary history against Hilliard’s license is considered a mitigating factor in the imposition of discipline.

CONCLUSIONS OF LAW

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

2. Complainant bears the burden of proof to establish Respondent’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. § 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 undisputed evidence established that Hilliard abandoned the contract, which is a violation of Ariz. Rev. Stat. § 32-1154(A)(1).

4. The preponderance of the evidence shows that Hilliard failed to

correct the items listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. § 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 No. 181474 of Brian Timothy Hilliard DBA: Desert Cabinet Refinishing, for three calendar days.

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.

Done November 2, 2021.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors