ALJDEC decisions subject to certification as final

2022A-07516-CHC-ROC · Registrar of Contractors · 2023-02-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Gerald Robert Camp,

COMPLAINANT

Andrew J. Wilson

DBA: Andy's American Glass

License No. ROC 324709,

RESPONDENT

No. 2022A-07516-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 13, 2023

APPEARANCES: Complainant Gerald Robert Camp appeared on his own behalf and was represented by Craig L. Cline. Andrew J. Wilson, Owner and Qualifying Party, appeared on his own behalf.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Andrew J. Wilson, doing business as Andy’s American Glass (Respondent) is the holder of License No. 324709 issued by the Arizona Registrar of Contractors (Registrar).

On or about March 15, 2022, Gerald Robert Camp (Complainant) entered into a contract with Respondent for the installation of 8 doors.

On or about September 12, 2022, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.

The Registrar assigned the complaint to Investigator Greg Johndrow. After a jobsite inspection, Investigator Johndrow issued a written directive to Respondent that provided 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 October 26, 2022.

. . . .

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Complaint Item 1: “COMMERICAL GLASS DOORS (8) NOT INSTALLED PROPERLY AFTER SEVERAL ATTEMPTS TO CORRECT; THEY TRIED TO FILL GAPS WITH FOAM BECAUSE DOORS DO NOT FIT FRAME CORRECTLY; DOORS DO NOT OPEN OR CLOSE CORRECTLY; DOORS PULLING AWAY FROM FRAMES”

Investigator’s Observations: Verified. The complainant demonstrated all of the conditions described in the complaint allegation and additionally referenced multiple other workmanship issues with all eight doors, which do not meet industry standards. The respondent shall identify and correct all installation issues and ensure each door meets standards.

Governing Rule: A.R.S. § 32-1154 (A)(3) – R4-9-108(a): 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.

On or about October 17, 2022, Respondent ordered materials needed to complete the corrective work.

Prior to the deadline in the directive expiring, Respondent informed Investigator Johndrow that the materials were delayed and Respondent could not comply by the deadline in the directive. Because of the material delay, Investigator Johndrow agreed to extend the deadline in the directive.

Investigator Johndrow then spoke with Complainant who indicated that Respondent had not contacted him during the directive time period. Investigator Johndrow determined, based on that information, that an extension of the deadline was not appropriate.

On or about October 27, 2022, Investigator Johndrow forwarded the matter to legal for further action.

The Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A); and A.R.S. § 32-1154(A)(22).

Investigator Johndrow testified as to his observations of the project during the jobsite inspection.

Complainant testified that his company had been contracted to replace all the doors and windows on the Catalina Towers project. Complainant then subcontracted the doors to Respondent. Complainant stated it took Respondent five weeks to complete the installation. Complainant received calls regarding the doors once or twice a week from July 2022 through September 2022. After the directive expired, Complainant contracted with Crandell Glass & Aluminum LLC (Crandell Glass) to replace the doors. Crandell Glass took four days to replace the doors. Complainant stated that his company was let go from other projects because of the doors on this project.

Aaron Crandell, Owner of Crandell Glass, testified that he was hired to examine the doors and offer possible remediation plans on the project. Mr. Crandell concluded that the issues he observed on the project were the result of poor installation, and not abuse by residents or the magnetic locks. Mr. Crandell stated that his company ultimately completed replacement of the doors in early December and had not had a call for service since that time. Mr. Crandell indicated that he used the project, as it existed after Respondent’s work, as a training tool for their “new guys” as an example of what not to do.

Mr. Wilson testified that the problems with the doors were related to the subsequent installation of the magnetic locks and possible abuse by residents. Mr. Wilson reported he went to the site no less than 12 times in two and a half months to adjust the doors after the magnetic locks were installed. Mr. Wilson acknowledged that this job had workmanship issued, but stated he offered to fix the problems.

Administrative notice is taken of Respondent’s prior License record on February 2, 2023. Such prior License record reflects that Respondent’s License No. 324709 was first issued on June 6, 2019, and is active. Such prior License record also reflects that there were no other open or prior 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’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The evidence established that Respondent did not attempt to complete the corrective work following the Directive being issued. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 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 Respondent’s License No. 324709 for a period of five days.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 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 Registrar’s final order, the Registrar 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. § 32-1101(A)(5), 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 40 days from the date of that certification.

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001

-137160-45720000Done this day, February 3, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically or by mail to:

Jeffrey Fleetham, Director

Registrar of Contractors

Gregory Johndrow

[email redacted]

Craig L. Cline

Udall Law Firm, LLP

[email redacted]

Andrew J Wilson

DBA: Andy's American Glass

[email redacted]

By: OAH Staff

-54864001

001

-137160-45720000