ALJDEC decisions subject to certification as final
2022A-04477-CHC-ROC · Registrar of Contractors · 2022-11-16
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Adams Disaster & Restoration, Inc.,
COMPLAINANT,
v.
All Elite General Framing Construction, Inc.
License No. ROC 327745,
RESPONDENT.
No. 2022A-04477-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 27, 2022
APPEARANCES: Nicholas Bacon represented Complainant Adams Disaster & Restoration, Inc. (Adams Disaster). Israel Jones represented Respondent All Elite General Framing Construction, Inc. (All Elite).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. On November 23, 2021, Adams Disaster and All Elite entered into a residential repair contract for the amount of $6,268.76.
2. Adams Disaster paid All Elite a 50% deposit and the cost for materials.
3. On or about November 29, 2021, All Elite started work.
4. On or about April 2, 2022, All Elite stopped work.
5. On or about May 23, 2022, Adams Disaster filed a complaint with the Arizona Registrar of Contractors (Registrar or ROC) alleging poor workmanship on the part of All Elite.
6. On or about July 11, 2022, ROC Investigator David Thomas conducted a job-site inspection.
7. On or about July 15, 2022, the ROC issued a directive to All Elite.
The Directive provided, in relevant part as follows:
8. All Elite failed to correct the Directive items by the due date.
9. On or about August 17, 2022, the ROC issued a Citation to All Elite alleging that All Elite had violated Arizona Revised Statues (A.R.S.) § 32-1154(A)(3); Namely Arizona Administrative Code R4-9-108(A), and A.R.S. § 32-1154(A)(22).
10. All Elite filed a timely answer to the Citation.
11. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
12. A hearing was held on October 27, 2022.
13. At hearing, Mr. Bacon testified on behalf of Adams. Mr. Jones testified on behalf of All Elite. Investigator Thomas testified regarding his investigation of the complaint.
14. Mr. Bacon explained that Mr. Jones performed poor work in connection with the residential repair project. Mr. Jones explained that All Elite began experiencing problems with its investors and All Elite needed more money from Mr. Bacon for the project. However, there was no evidence that written change orders were provided to Adams Disaster.
15. Administrative notice is taken of Respondent’s disciplinary history as shown on the Registrar’s public website on November 16, 2022. Respondent’s license record shows that its licensed was issued on February 19, 2020 and that one complaint has resulted in disciplined against Respondent’s license. Such prior license record shows that there is only one open complaint against Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
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. The Administrative Law Judge may consider ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.
4. 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 preponderance of the evidence shows that Respondent failed to perform the work within professional industry standards, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
6. The preponderance of the evidence shows that Respondent failed to
correct the items listed in 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 shall suspend ROC License: No. 327745 held by All Elite General Framing Construction, Inc., for three days.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to Ariz. Rev. Stat. section 32-1154(E).
It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.
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 will be forty days from the date of that certification.
Done this day, November 16, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Adams Disaster & Restoration, Inc.
600 S. 56st St. B-14
Chandler, AZ 85226
[email redacted]
All Elite General Framing Construction, Inc.
2153 E. Elmwood St
Mesa, AZ 85213
[email redacted]
By Miranda Alvarez
Legal Secretary