ALJDEC decisions subject to certification as final
2022A-02480-CHC-ROC · Registrar of Contractors · 2022-08-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Adriana Parada
COMPLAINANT,
v.
R&R Builders, LLC
License No. ROC 330136,
RESPONDENT.
No. 2022A-02480-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 9, 2022
APPEARANCES: Complainant Adriana Parada appeared on behalf of herself. Joshua Robles appeared on behalf of Respondent R&R Builders, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On June 24, 2022, the Registrar of Contractors, (Registrar),
issued a Notice of Hearing setting the above-captioned matter for hearing on August 9, 2022, by the Office of Administrative Hearings (OAH) in Phoenix, Arizona.
2. The Notice of Hearing shows that the hearing was set to consider the
charges made in the Citation and Complaint. Through the Citation, the Registrar alleges that Respondent R&R Plumbing Services, LLC (Respondent or R&R) may have violated Ariz. Rev. Stat. section 32-1158; Ariz. Rev. Stat. section 32-1154(3) (specifically, Ariz. Admin. Code section R4-9-108(a); Ariz. Rev. Stat. sections 32- 1154(A)(1),(2)(a),(12),(16), and (22); Ariz. Rev. Stat. section 32-1158.01.
3. The Citation shows that if the Administrative Law Judge finds that the alleged charges are valid, the Registrar may suspend or revoke the license of R&R.
4. R&R holds License 330136 issued by the Registrar. R&R is not authorized to build pools under License 330136. See Registrar Investigator Gregory Johndrow’s testimony on the hearing audio record at 8:15 – 8:43 minutes.
5. On or about June 29, 2021, R&R agreed to build a new pool for Complainant Adriana Pirada.
6. R&R did not provide Mrs. Pirada with a written contract that advised
Mrs. Pirada of her right to file a complaint with the Registrar against R&R for an alleged violation of Ariz. Rev. Stat. section 32-1154(A), within the time allowed by Ariz. Rev. Stat. section 32-1155(B).
7. R&R did not provide Mrs. Pirada with a written contract that advised
Mrs. Pirada of her rights as a purchaser under Ariz. Rev. Stat. Title 44, Chapter 15.
See Ariz. Rev. Stat. section 32-1158.01.
8. On or about June 29, 2021, R&R began work under the contract.
9. On or about February 10, 2022, R&R stopped work.
10. The Registrar received a Complaint from Mrs. Pirada alleging poor
workmanship on the part of R&R. The Complaint included 21 complaint items.
11. On or about April 13, 2022, Investigator Jack Johndrow received
the Complaint.
12. On April 26, 2022, Investigator Johndrow conducted a job-site inspection.
See the Registrar’s administrative record pgs. 18-34. Investigator Johndrow concluded that R&R abandoned the pool construction project and that R&R’s work fell below minimum workmanship standards. See id.
13. At the time of the job-site inspection, R&R’s license had been revoked.
14. On May 4, 2022, the Registrar issued a Directive to R&R. See the
Registrar’s administrative record pgs. 50-54. The Registrar directed R&R to correct 21 complaint items, by appropriate means, no later than 5:00 p.m. on May 20, 2022.
See id.
15. R&R failed to comply with the Directive by the due date.
16. R&R filed a timely appeal to the Citation.
17. The matter was referred to the OAH for an evidentiary hearing.
18. On August 8, 2022, Investigator Johndrow conducted a pre-hearing inspection and concluded that R&R still had not complied with the Directive.
19. A hearing was held on August 9, 2022.
20. At hearing, Investigator Johndrow testified regarding his investigation of the complaint, the job-site inspection, and the issuance of the Directive. Mrs. Pirada testified on behalf of herself. Joshua Robles testified on behalf of R&R.
21. Mrs. Pirada asserted that R&R performed poor work when it built her pool.
22. Mr. Robles stated that his plumbing contractor did not complete the project items to specifications. Mr. Robles testified to the effect that R&R failed to complete the project due to personal and health challenges.
23. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on August 29, 2022, R&R’s license was first issued on August 13, 2020, and is revoked.
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, 74 Ariz. 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).
The Administrative Law Judge may consider the Registrar’s administrative
record. See A.A.C. R4-9-118.
4. The revoked status of Respondent’s license does not deprive Complainant
of his right to prosecute the Complaint 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 pool project, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(1).
6. The preponderance of the evidence shows that Respondent did not construct the pool according to specifications, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(2)(a).
7. The preponderance of the evidence shows that Respondent did not perform
the work in a professional and workmanlike manner in violation of A.A.C. R4-9-108(a), and thereby of A.R.S. § 32-1154(A)(3).
8. The preponderance of the evidence shows that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(12), Ariz. Rev. Stat. section 32-1158, and Ariz. Rev. Stat. section 32-1158.01.
9. The preponderance of the evidence shows that Respondent contracted
beyond the scope of its license, which is a violation of Ariz. Rev. Stat. section 32-1154 (A)(16).
10. The preponderance of the evidence shows that Respondent failed to comply with the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar revoke License No. 330136 issued to R&R Builders, LLC.
Done this day, August 29, 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