ALJDEC decisions subject to certification as final
2022A-00694-CHC-ROC · Registrar of Contractors · 2022-06-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Jeannie Nelson,
COMPLAINANT,
v.
Vision Solar, LLC,
License No. ROC 334176,
RESPONDENT.
No. 2022A-00694-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 27, 2022
APPEARANCES: Complainant Jeannie Nelson 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 or about June 28, 2021, Respondent Vision Solar, LLC (Vision) agreed to install a solar panel system at the home of Complainant Jeannie Nelson for the amount of $47,500.
2. Vision Solar performed work on July 21, 2021.
3. Ms. Nelson filed a complaint with the Arizona Registrar of Contractors (ROC) alleging abandonment on the part of Vision. The complaint listed four complaint items.
4. The complaint was assigned to ROC Investigator Mark Nipp.
5. On February 16, 2022, Investigator Nipp conducted an inspection at
Ms. Nelson’s home. Investigator Nipp substantiated the four items listed in the complaint. See the ROC’s administrative record, pgs. 14-17.
6. On February 16, 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 March 14, 2022.
.................................................
You are directed to remedy the following violations by the appropriate means:
Compliance Item #1: Vision Solar started installed the system on 07/21/2021 without approved plans (per SRP). Approved plans came on 09/24/2021.
Investigator’s Observation: Verified I reviewed the approved plans and noted they were issued on 10/18/2021. Although this date does not correspond with the date given by the complainant, it is still after the installation date of 07/21/2021. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. The respondent should correct by appropriate means and in accordance with the contract. Reference Picture(s) 2
Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or disregard of: (b) A building code.
Governing Rule: A.R.S. § 32-1154 (A)(3) – R4-9-108(b): Violation of any rule adopted by the Registrar; Namely R4-9-108(b): A contractor shall perform work in accordance with any applicable building codes and professional industry standards...
Compliance Item #2: We failed building inspections on 12/18/2021 for plans not matching (wires 6, 8, 10) and on 12/14/2021 for mismatched breakers and no punch hole in the bottom of the panel.
Investigator’s Observation: Verified I reviewed the approved plans and noted a failed inspection on 12/14/2021 for 1) Mismatched breaker in panel 2) Open knockout below panel 3) Plans show #6 wire, #8 installed & #10 ground. A contractor shall perform all work in a professional and workmanlike manner in accordance with the approved plans. The respondent should correct by appropriate means. Reference Picture(s) 2
Governing Rule: A.R.S. § 32-1154(A)(2) Departure from or disregard of (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner...
Compliance Item #3: The system is not working
Investigator’s Observation: Verified I inspected the system and noted there was no meter in the panel for the PV system, indicating it was not yet functional. Reference Picture(s) 3-5
Governing Rule: A.R.S. § 32-1154(A)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item #4: Poor workmanship during installation. There are visible bolts on the eaves that missed the roof trusses.
Investigator’s Observation: Verified I inspected the eaves in at the front of the residence and noted there were four exposed bolts that were only penetrating plywood, having missed the truss. A contractor shall perform all work in a professional and workmanlike manner. The respondent should correct by appropriate means. Reference Picture(s) 6-9
Governing Rule: 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.
7. Vision Solar did not correct the Directive items by March 14, 2022.
8. On March 25, 2022, the ROC issued a Citation against Vision Solar for alleged violations of Arizona Revised Statutes (A.R.S.) section 32-1154(A)(3), (22) and Arizona Administrative Code (A.A.C.) R4-9-108(A). .
9. Vision Solar filed a timely response to the Citation.
11. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
12. A hearing was held on May 27, 2022.
13. At hearing, Ms. Nelson testified on behalf of herself. Investigator Nipp testified regarding his investigation of the complaint and the issuance of the Directive.
14. Ms. Nelson explained that Vision Solar performed poor work when it installed the solar system at her home.
15. No one appeared for hearing on behalf of Vision Solar at the hearing on May 27, 2022.
16. Administrative notice is taken of Respondent’s prior license record on June 8, 2022. Such prior License record reflects that Respondent’s license number 334176 was first issued on July 26, 2021, and is active. Such prior License record also reflects that there are seven open complaints against Respondent’s license. Such prior license record further shows that four complaints were closed against Respondent that were resolved or settled by Respondent or withdrawn by complainant after the issuance of a corrective work order or formal citation.
CONCLUSIONS OF LAW
1. This matter lies within the ROC’s jurisdiction. See A.R.S. § 32-1101 et seq.
2. 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.
3. 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).
5. The Administrative Law Judge may consider the ROC’s administrative record. See A.A.C. R4-9-118.
6. The preponderance of the evidence shows that Respondent failed to install the solar system in a professional and workmanlike manner, which is a violation of A.R.S. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
7. The preponderance of the evidence shows that Respondent failed to correct the items listed in the Directive without valid justification, which is a violation of A.R.S. section 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the ROC shall suspend license number 334176 held by Vision Solar, 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. section 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. section 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.
Done this day, June 8, 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