ALJDEC decisions subject to certification as final
2022A-00605-CHC-ROC · Registrar of Contractors · 2022-04-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Colleen Roche,
COMPLAINANT,
v.
Window Pro, LLC
License No. ROC 234749,
RESPONDENT.
No. 2022A-00605-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 29, 2022
APPEARANCES: Complainant Colleen Roche appeared on behalf of herself.
No one appeared on behalf of Respondent Window Pro, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. Respondent Window Pro, LLC (Window Pro) holds license number 234749 issued by the Arizona Registrar of Contractors (ROC).
2. On April 29, 2021, Window Pro agreed to install 27 new blinds in Complainant Colleen Roche’s home, for the amount of $12,200.
3. Ms. Roche paid Window Pro a $7,000 deposit.
4. Window Pro did not install blinds in Ms. Roche’s home.
5. On or about January 24, 2022, Ms. Roche filed a complaint with the ROC alleging abandonment on the part of Window Pro.
6. On February 15, 2022, the ROC revoked Window Pro’s license.
7. On February 28, 2022, ROC Investigator Mark Nipp conducted a job-site inspection. Investigator Nipp inspected each room in Ms. Roche’s home and discovered that new blinds had not been installed.
8. Due to Window Pro’s revoked status, the ROC did not issue a Directive to Window Pro.
9. On March 4, 2022, the ROC issued a Citation against Window Pro’s license. Through the Citation, the ROC alleged that Window Pro may have violated Arizona Revised Statutes (A.R.S.) 32-1154(A)(1).
10. Window Pro filed a timely answer to the complaint.
11. The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing.
10. At hearing, Ms. Roche explained that Window Pro never installed new blinds in her home although she paid Window Pro a $7,000 deposit.
11. Investigator Nipp testified regarding his investigation of the complaint and the issuance of the Directive.
12. No one appeared on behalf of Window Pro at the hearing on April 29, 2022. No one filed a request to appear telephonically on behalf of Window Pro. Although the hearing did not start until approximately 1:15 p.m., no one appeared on behalf of Window Pro through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Window Pro did not present any evidence to defend its license.
13. Administrative notice is taken of Window Pro’s prior license record on April 29, 2022. Such prior license record reflects that License No. 234749, was first issued to Window Pro on July 3, 2007, and is revoked. Such prior license record also reflects that there are six open complaints against Window Pro’s license. Such prior license record reflects that one complaint has resulted in discipline against Window Pro’s license.
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 A.R.S. § 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 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.
5. The preponderance of the evidence shows that Respondent abandoned the contract, which is a violation of A.R.S. § 32-1154(A)(1).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke license number 234749 held by Window Pro, LLC.
Done this day, April 29, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
By Miranda Alvarez
Legal Secretary