ALJDEC decisions subject to certification as final
2021A-06753-CHC-ROC · Registrar of Contractors · 2022-05-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
John and Sue Austinson,
COMPLAINANT,
v.
Vision Solar, LLC,
License No. ROC 334176,
RESPONDENT.
No. 2021A-06753-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 10, 2022
APPEARANCES: Complainant Sue Austinson appeared on behalf of herself.
No one appeared on behalf of Respondent Vision Solar, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. On July 1, 2020, Respondent Vision Solar, LLC (Vision Solar) and Complainant John and Sue Austinson entered into a contract wherein Vision Solar would install a solar panel system at Complainant’s home, for the amount of $35,000.
2. Complainant paid Vision solar $35,000 for the project.
3. Carol Lewis is the daughter of Complainant John and Sue Austinson.
4. On July 1, 2020, Vision Solar started work.
5. On October 1, 2020, Vision Solar stopped work.
6. On or about January 26, 2022, Ms. Lewis filed a complaint with the Arizona Registrar of Contractors (ROC) on behalf of Complainant alleging poor work and abandonment on the part of Vision Solar.
7. On January 26, 2022, Investigator Jack Grimm conducted a job-site inspection.
8. On January 27, 2022, the ROC issued a Directive to Vision Solar. 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 February 14, 2022.
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:
Complaint Item #1: I am filing this complaint on behalf of my parents. They are failing in health and we need to sell the home. Solar Vision was contracted to put solar on their home. Solar was installed and they failed APS inspection and have never returned to the property. They have failed to call me back. They have failed to call my parents back. My brother is a licensed electrician and reviewed the plans and typed up a letter explaining what they needed to correct to make it pass inspection. HE has sent this to them three times with no response. My parents financed this with Key Bank for $35,000 and Vision Solar is making the $149 monthly payment but will not return to the job site to get it operational. We have to get this home sold in the next two months. Andres Gelle was the salesman that sold the solar. His contact is 425.922.2072. He has since quit and Vision Solar made him sign paperwork that he would not provide the corporate number or contacts to anyone complaining. They abandoned the job.
Investigators Observation: Many components of the solar system are in place. I was shown and observed a document from the power company stating corrections needed to be made. It was unreadable due to fade. System is incomplete and not operating. I was not shown or observed any documents regarding a permit from Maricopa County Planning and Building the local building code jurisdiction. Homeowner states she believes someone was on site installing a ground rod in the last few days. System is currently incomplete and not operating. *Complete project per contract with approvals from the local building code jurisdiction and local power supplier. Verify new solar system is operational. Governing Rule: 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. 32-1154(A)(2) Building codes
9. On February 16, 2022, Investigator Grimm contacted Ms. Austinson by e-mail and inquired whether Vision Solar had completed the solar panel installation.
Ms. Austinson informed Investigator Grimm that the project was incomplete.
10. On March 3, 2022, the ROC issued a Citation against Vision Solar’s license for alleged violations of A.R.S. § 32-1154(A)(3) and (22); Arizona Administrative Code R4-9-108(a).
11. Vision Solar filed a timely answer to the Citation.
12. The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing.
13. A hearing was held on May 10, 2022.
14. At hearing, Ms. Austinson testified on behalf of herself and presented the testimony of Ms. Lewis. Investigator Grimm testified regarding his investigation of the complaint.
15. Ms. Lewis and Ms. Austinson explained that Vision Solar delayed the completion of the project. Ms. Lewis moved her parents to North Carolina in April of 2022. A few days after the move, one of Ms. Austinson’s neighbor’s told
Ms. Lewis that Vision Solar was performing work at the home. Ms. Lewis stated that the project was completed and resolved.
16. Ms. Austinson contacted APS (the electric company) the morning of the hearing. An APS representative informed Ms. Austinson that solar panel system passed inspection on May 5, 2022. The representative explained that a “PTO” order needed to be completed on behalf of APS and the process would take about 30 days. The representative informed Ms. Austinson that the solar panel system would be functional by June 1, 2022.
17. Ms. Lewis testified to the effect that while the matter has been resolved, Vision Solar delayed in completing the project. Ms. Lewis explained that it is difficult to sell a home in June.
18. No one appeared on behalf of Vision Solar at the hearing on May 10, 2022. No one filed a request to appear telephonically on behalf of Vision Solar. Although the hearing did not start until approximately 1:15 p.m., no one appeared on behalf of Vision Solar through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Vision Solar did not present any evidence to defend its license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-
1154(A).
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.
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).
4. The preponderance of the evidence shows that Vision Solar did not perform work in professional manner, which is a violation of A.R.S. § 32-1154(A)(3) and A.A.C. R4-9-108(a).
5. The preponderance of the evidence shows that Vision Solar failed to
complete the project by February 14, 2022, which is a violation of A.R.S. § 32-1154(A)(22).
6. Complainant and her daughter provided credible evidence at hearing that Vision Solar corrected its work and the matter has been resolved. The solar panel system passed inspection. Because Vision Solar completed the project, the Administrative Law Judge concludes that it is not appropriate in this case to impose discipline or a civil penalty.
RECOMMENDed order
In view of the foregoing, it is recommended that this matter be dismissed.
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, May 13, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
By Miranda Alvarez
Legal Secretary