ALJDEC decisions subject to certification as final
2021A-06317-CHC-ROC · Registrar of Contractors · 2022-05-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Dylva Pryor,
COMPLAINANT,
v.
AJML Builders, LLC,
License No. ROC 299716,
RESPONDENT.
No. 2021A-06317-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 11, 2022
APPEARANCES: Complainant Dylva Pryor appeared on behalf of herself.
No one appeared on behalf of Respondent AJML Builders, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. Respondent AJML Builders, LLC (AJML Builders) holds license number 299716 issued by the Arizona Registrar of Contractors (ROC).
2. On April 7, 2022, the ROC issued a Notice of Hearing setting the above-entitled matter for hearing on May 11, 2022 at 9:00 a.m.
3. A hearing was held on May 11, 2022.
4. Ms. Pryor testified on her own behalf and presented the testimony of her brother, Jesus Ramos.
5. No one appeared on behalf of AJML Builders at the hearing on May 10, 2022. No one filed a request to appear telephonically on behalf of AJML Builders. Although the hearing did not start until approximately 1:15 p.m., no one appeared on behalf of AJML Builders through an authorized member, officer, employee, or attorney, or contact the Office of Administrative Hearings to request that the start of the hearing be further delayed. Consequently, AJML Builders did not present any evidence to defend its license.
6. On or about June 29, 2020, Complainant Dylva Pryor and AJML Builders entered into a new home construction contract for the amount of $125,000.
7. Ms. Pryor paid AJML $125,000 to build the home.
8. On July 10, 2020, AJML started work
9. On September 15, 2021, AJML stopped work.
10. Ms. Pryor filed a complaint with the ROC alleging poor work and abandonment on the part of AJML. Ms. Pryor’s complaint included the following allegations:
Exterior paint of home not accepted by HOA;
Flooring in wasroom, not parallel;
Because the exterior paint took so long to paint, the tape place on ext. windows has bled into and damaged windows;
Counter tops in kitchen are un-even – hazard!;
Electrical outlets (and cable feed) in rooms, are behind door. Doesn’t make sense to place there;
Tile throughout home is uneven – hazard?
Cabinetry in kitchen too high and uneven;
Door in washroom, uneven including a huge gap top door;
Baseboards throughout home (including garage) are uneven.;
The property itself is a mess. Does not clean up after himself.
11. The ROC assigned the complaint to its Investigator, Steve Hammons.
12. On December 29, 2021, Investigator Hammons conducted a job-site inspection. Investigator Hammons substantiated two complaint items.
13. On December 29, 2021, the ROC issued a Directive to AJML. The ROC directed AJML to correct complaint items 6 and 8 by appropriate means, no later than January 31, 2022. The December 29, 2021 Directive provided, in relevant part, as follows:
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You are directed to remedy the following violations by the appropriate means: Respondent must identify all tile issues/lippage throughout the entire residence and correct to minimum standards.
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Complaint Item 6: “Tile throughout home is uneven - hazard” Investigator’s Observation: This allegation is verified. Castro showed me several areas throughout the residence that had significant tile lippage issues that did not meet the ROC minimum standards. I measured several areas throughout the residence and the lippage exceeded the allowable tolerances. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “Door in washroom, uneven including a huge gap top door” Investigator’s Observation: This allegation is verified. I observed the washroom door to not close correctly leaving a gap at the reveal. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
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14. On February 25, 2022, Investigator Hammons conducted a compliance job-site inspection. Investigator Hammons found that AJML had corrected complaint item 8. However, Investigator Hammons found that AJML had failed to correct complaint item 6.
15. On March 4, 2022, the ROC issued a Citation against AJML’s license. Through the Citation, the ROC alleged that AJML had violated Arizona Revised Statutes (A.R.S.) 32-1154(A)(3) and (22); Arizona Administrative Code (A.A.C.) R4-9-108(a).
AJML filed a timely answer to the Citation.
16. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
17. At hearing, Ms. Pryor and Mr. Ramos explained that AJML performed poor work during the new home construction project.
18. Administrative notice is taken of Respondent’s prior License record as reflected on the Registrar’s public website on May 13, 2022. Such prior License record reflects that Respondent’s license number 299716 was issued on June 20, 2015, and is currently active. Such prior License record shows that there are two open complaints against Respondent’s license. Such prior License record shows that one complaint has resulted in discipline against Respondent. Such prior License record shows that one complaint was closed against Respondent that was resolved or settled by Respondent or withdrawn by the complainant after issuance of a corrective work order of formal citation.
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 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, 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)
3. The Administrative Law Judge may consider Registrar’s administrative
record. See A.A.C. § R4-9-118.
4. The preponderance of the evidence shows that Respondent’s work failed
to meet minimum workmanship standards, which is a violation of A.R.S. § 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 Directive items without valid justification, which is a 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 license number 299716, held by AJML Builders, LLC, for three days. It is further recommended that the ROC require Respondent to pay the sum of $500.00 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 ROC’s final order, the ROC 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.
Done this day, May 13, 2022.
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 is forty days after the date of that certification.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
By Miranda Alvarez
Legal Secretary