ALJDEC - Licensing

2022A-08010-CHC-ROC · Registrar of Contractors · 2023-08-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jason Campbell,

COMPLAINANT

v.

CCB Builders LLC

License No. ROC 322595,

RESPONDENT

No. 2022A-08010-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 25, 2023

APPEARANCES: Complainant Jason Campbell appeared on his own behalf via Google Meet. Jose Alestra appeared on via Google Meet on behalf of Respondent CCB Builders LLC. Registrar of Contractors Investigator Brian Binkney appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

______________________________________________________________________

FINDINGS OF FACT

CCB Builders LLC (Respondent) is the holder of License No. 322595 issued by the Arizona Registrar of Contractors (Registrar).

On or about September 21, 2022, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.

The Registrar assigned the complaint to Investigator Brian Binkney. The jobsite inspection was performed October 12, 2022.

Investigator Binkney then issued a written directive on or about October 19, 2022, 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 November 7, 2022.

. . .

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

Compliance Item: 1 - Vinyl flooring is loose throughout the house. Notably in the hallway, near bathroom, kitchen, and master bedroom is coming up and makes creaking popping noises when walking on it.

Investigator’s Observation: This allegation is verified.

LVP Floors have excessive squeaks and appear to be loose mainly in the front hallway area. Unable to determine if 1/4" expansion space is present without pulling baseboards. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Vinyl flooring not flush with the sliding glass door.

Investigator’s Observation: This allegation is verified.

LVP is flush to sliding door exit (with one LVP cut at or about 1/4") and does not have a transition strip. RESPONDENT SHOULD DETERMINE CAUSE

AND CORRECT BY MANUFACTORER'S (LIFEPROOF) INSTALLATION INSTRUCTIONS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Kitchen cabinets rub against microwave and oven causing unnecessary wearing of the cabinet.

Investigator’s Observation: This allegation is verified.

Cabinets rub against microwave and oven when opened. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - The pantry doorknob hits the granite countertop when opened.

Investigator’s Observation: This allegation is verified.

When pantry door is opened it swings out and hits granite countertop. No hinge stop present. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 5 - The cabinet handle closest to the pantry door hits the glass of the pantry door when opened all the way

Investigator’s Observation: This allegation is verified.

When opening the lower cabinet the door swings open striking the glass pantry door which may cause the glass panel to break. No hinge stop present.

RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 7 - Screen door slider has never closed properly

Investigator’s Observation: This allegation is verified.

Sliding screen door in living room sticks and does not latch when closed with normal use. It needs to be manipulated to close properly. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 9 - There is wood that sticks out too far and therefore the tiles cannot be secured properly. The contractor said it will keep happening unless fixed

Investigator’s Observation: This allegation is verified.

The roof OSB hangs over the edge of the exterior wall of the residence all along the east side of the residence (the back). OSB does not run flush with the wall. Roof is not consistent with the industry standard. This condition is noticeable from the ground. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 10 - Laundry room smells like sewer often when doing laundry

Investigator’s Observation: This allegation is verified.

Complainant ran washer and a sewer like smell came from laundry room. I smelled the discharge hose from the washer and did not detect the odor originating from there. When water was added to the standpipe the odor stopped. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 11 - Guest bathroom showerhead leaks when filling tub

Investigator’s Observation: This allegation is verified.

Water leaks from the shower head while lower faucet is running. RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

(All errors contained in the original).

On April 5, 2023, 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).

On or about April 6, 2023, Respondent timely filed an Answer with the Registrar.

On or about May 2, 2023, a Notice of Hearing was issued setting a hearing on June 6, 2023 at the Office of Administrative Hearings, an independent state agency.

After a continuance, hearing was held on July 25, 2023.

At hearing, Investigator Binkney testified as to his involvement and the above timeline.

Investigator Binkney testified that while Respondent complied with the Directive, there were still issues with the re-installed flooring. For example, Investigator Binkney testified that there were still several hollow planks, and waves in the flooring show high and low spots. There were also gaps present between the backsplash and the granite on the countertops as the cabinets had to be removed and re-installed after the corrective work.

Complainant testified that no representative from Respondent appeared at the compliance inspection, nor did Mr. Alestra ever check on the corrective work once it was completed.

Complainant testified that the floors were still uneven throughout the dining area to the sliding glass door, and there was a huge visible hump. Complainant testified that in the hallway the flooring appeared wavy. Further, Complainant testified that the floors were creaking and popping and one could feel bumps while walking.

In addition, Complainant testified that in the kitchen, the lines in the floor make it appear as if the cabinets were crooked. Complainant also testified as to the gaps and between the backsplash and countertops.

Jose Alestra testified on behalf of Respondent.

Mr. Alestra testified that he went to the property multiple times fixing small items and/or ems that should not have been questions on like the “clicking” of the sliding door, and outlet plates not being plumb.

Further, Mr. Alestra testified that Complainant kept giving him list upon list to correct and there was nothing he could do to make Complainant stop.

Mr. Alestra also testified that the floor installers, namely Cody and James were experienced, as Cody was an ex-Home Depot installer and James had installed 7 other floors.

Finally, Mr. Alestra testified that he had over 50 years of happy clients and that he felt his career was ending with a “black eye”, and he did not believe that he should be penalized for being a bad contractor.

Administrative notice was taken of Respondent’s prior License record on August 9, 2023. Such prior License record reflected that Respondent’s License No. 322595 was first issued on November 9, 2018, and reflected that there were 2 open complaints, one of which was the present complaint.

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 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 preponderance of the evidence established that Respondent’s work was not in conformity with the Registrar’s standards. There were gaps between the backsplash and the granite countertops in the bathroom and kitchen and the floor was still wavy, had “humps”, and the floor was creaking and popping in areas. 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).

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. 322595 for a period of ten days.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

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 (40) days from the date of that certification.

Done this day, August 9, 2023.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Martín Quezada, Director

Registrar of Contractors

CCB Builders LLC

2062 Mesa Vista Pl

Fort Mohave, AZ 86426

[email redacted]

Jason Campbell

4920 S. Mesa Verde Dr.

Fort Mohave, AZ 86426

[email redacted]

By: OAH Staff