ALJDEC decisions subject to certification as final
2022A-04960-CHC-ROC-RES · Registrar of Contractors · 2022-11-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Laura C. Hauer,
COMPLAINANT
v.
Pavers and More LLC
License No. ROC 291341,
RESPONDENT
No. 2022A-04960-CHC-ROC-RES
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 16, 2022
APPEARANCES: Complainant Laura C. Hauer appeared on her own behalf. Respondent Pavers and More LLC did not appear.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
_____________________________________________________________________
FINDINGS OF FACT
Pavers and More LLC (Respondent) is the holder of License No. 291341 issued by the Arizona Registrar of Contractors (Registrar).
On or about March 11, 2022, Laura C. Hauer (Complainant) entered into a contract with Respondent for hardscaping work on her property including driveway pavers, travertine patios, and pool coping. The total cost of the project was $23,260.00. Complainant paid a 50 percent deposit of $11,630.00 on March 11, 2022. By the terms of the contract, Respondent was to begin work on May 9, 2022.
After Respondent failed to begin work on May 9, 2022, Complainant had text message exchanges with Respondent regarding the project. Respondent referenced concrete shortages and also indicated that the bid had been misplaced.
On May 17, 2022, Complainant again requested an update on the project. Respondent indicated that it had five jobs ahead of Complainant and then she would be next.
On or about May 19, 2022, Complainant asked Respondent, because it had failed to start the job as agreed upon in the contract, that the deposit be refunded by May 23, 2022.
On or about June 6, 2022, Complainant asked again regarding the status of her refund. Respondent responded that it was “working on it.”
On or about June 19, 2022, the Registrar received a Complaint against Respondent from Complainant alleging abandonment with respect to the project.
On or about June 22, 2022, the Registrar reassigned the complaint to Investigator John Peru, who scheduled a jobsite inspection for July 11, 2022.
On or about July 5, 2022, Respondent contacted Investigator Peru and indicated it would be returning $5,000.00 to Complainant at that time and would repay the rest of the deposit before the jobsite inspection.
On or about July 11, 2022, Investigator Peru performed a jobsite inspection and determined that no work was conducted on the project and no materials had been delivered to the jobsite.
The Registrar issued a Citation against Respondent, charging a possible violation of A.R.S. § 32-1154(A)(1).
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 1:00 p.m. on November 16, 2022. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. An October 20, 2022 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on November 16, 2022.
Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.
Investigator Peru testified that he did not receive any other contact from Respondent other than the July 5, 2022 conversation.
Complainant testified that on August 10, 2022, Respondent texted her an image of a cashiers check for $4,000.00. Complainant received the cashiers check on August 12, 2022.
Administrative notice is taken of Respondent’s prior License record on November 16, 2022. Such prior License record reflects that Respondent’s License No. 291341 was first issued on May 8, 2014, and is active. Such prior License record also reflects that there were two open complaints and two previously resolved/settled complaints against Respondent’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 violations 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 Vazzano 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 evidence established that Respondent submitted a bid for Complainant’s project and did not perform any of the work in the bid. Accordingly, Complainant established that Respondent abandoned the contract in 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 suspend Respondent’s License No. 291341 for a period of three days.
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 40 days from the date of that certification.
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-137160-45720000Done this day, November 17, 2022.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted electronically or by mail to:
Jeffrey Fleetham, Director
Registrar of Contractors
John Peru
[email redacted]
Laura C Hauer
[email redacted]
Pavers and More LLC
[email redacted]
By-54864001
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-137160-45720000 Miranda Alvarez
Legal Secretary