ALJDEC decisions subject to certification as final

2021A-06480-CHC-ROC · Registrar of Contractors · 2022-03-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Briana Christine Foudray,

COMPLAINANT,

v.

Phoenix Hardwood Floors and Supply, LLC,

License No. ROC 303282,

RESPONDENT.

No. 2021A-06480-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 1, 2022

APPEARANCES: Complainant Briana Christine Foudray appeared on behalf of herself. No one appeared on behalf of Respondent Phoenix Hardwood Floors and Supply, LLC.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Respondent Phoenix Hardwood Floors and Supply, LLC (Phoenix Hardwood) holds license number 303282 issued by the Registrar of Contractors (ROC).

2. On or about September 13, 2021, Phoenix Hardwood agreed to install wood flooring in Complainant Briana Christine Foudray’s home for the amount of $20, 938.90. Ms. Foudray paid a deposit in the amount of $12,178.90 the same day.

3. On or about December 8, 2021, Ms. Foudray filed a complaint with the ROC alleging poor workmanship on the part of Phoenix Hardwood.

4. On December 20, 2021, ROC Investigator Randy Morris conducted a job-site inspection. Investigator Morris observed that Phoenix Hardwood had performed no work at Ms. Foudray’s home. Investigator Morris did not issue a Directive because Phoenix Hardwood’s license had been revoked.

5. On December 27, 2022, the ROC issued a Citation against Phoenix Hardwood’s license. Through the Citation, the ROC alleged that Phoenix Hardwood may have violated Arizona Revised Statutes (A.R.S.) 32-1154(A)(1), (A)(3), and Arizona Administrative Code (A.A.C.) R4-9-108(a).

6. Phoenix Hardwood filed a timely answer to the Citation. The answer provided, in relevant part, as follows:

The customer/client could not wait until we completed another job that was running longer. No work was performed at the house. A refund of their money will be issued.

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

8. A hearing was held on March 1, 2022.

9. At hearing, Ms. Foudray testified on behalf of herself.

10. ROC Investigator Steve Nelson testified regarding Investigator Randy Morris’s investigation of the complaint.

11. Ms. Foudray explained that Phoenix Hardwood performed no work and abandoned the project.

12. Administrative notice is taken of Respondent’s disciplinary history as shown on the ROC’s public website on March 21, 2022. Respondent’s license record shows that its license was issued on February 17, 2016 and was revoked effective October 29, 2021. Such prior License record shows that there is one open complaint against Respondent’s license. Such prior License record further shows that two complaints have resulted in discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 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, 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 revoked status of Respondent’s license does not deprive

Complainant of her right to prosecute her complaint against Respondent or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.

4. The Administrative Law Judge may consider Registrar’s administrative

record. See A.A.C. § R4-9-118.

5. The preponderance of the evidence shows that Respondent abandoned the floor installation contract, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).

6. The preponderance of the evidence shows that Respondent’s work failed

to meet minimum workmanship standards, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(a).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the ROC shall revoke the license of Phoenix Hardwood Floors and Supply LLC,

License No. ROC 303282.

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.

Done this day, March 21, 2022.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors