ALJDEC - Licensing

2022A-09581-CHC-ROC · Registrar of Contractors · 2023-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Donna LaMorte

COMPLAINANT,

v.

Unique Flooring LLC

DBA: Supreme Stone

License No. ROC 296426,

RESPONDENT.

No. 2022A-09581-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 14, 2023

APPEARANCES: Complainant Donna LaMorte appeared on behalf of herself. Kristen Arguello and Victor Arguello appeared on behalf of Respondent Unique Flooring, LLC DBA: Supreme Stone.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Respondent Unique Flooring, LLC DBA: Supreme Stone holds License

No. 296426 issued by the Arizona Registrar of Contractors (Registrar).

2. Kristen Arguello is a member of Respondent.

3. On or about May 25, 2022, Respondent entered into a contract with Complainant Donna LaMorte to install kitchen countertops in Complainant’s home, for the amount of $8,700.

4. Complainant paid Respondent $5,700.00 for the installation.

5. On or about October 20, 2022, the Registrar received a complaint from Complainant alleging abandonment on the part of Respondent.

6. On November 2, 2022, Registrar Investigator Cliff Corlett conducted a job-inspection.

7. On November 9, 2022, the Registrar issued a Directive to Respondent, directing respondent to fulfill the terms of the contract and properly fabricate and install the contracted countertops, no later than 5 p.m. on November 28, 2022.

8. Respondent failed to fabricate and install the countertops by November 28, 2022.

9. On December 2, 2022, the Registrar issued a Citation to Respondent alleging that Respondent had violated Ariz. Rev. Stat. sections 32-1154(A)(1) and (22).

10. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.

11. At hearing, Complainant testified on behalf of herself. Victor Arguello, an employee of Respondent, testified on behalf of Respondent. Investigator Corlett testified regarding his investigation of the complaint.

12. Mr. Arguello stated that Complainant told him not to return to her home in a phone conversation on October 18, 2022.

13. Complainant explained that while she paid Respondent, Respondent never installed the countertops and did not issue a refund. Complainant denied that she told the contractor not to return.

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.

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).

4. The Administrative Law Judge may consider the Registrar’s administrative record. See Ariz. Admin. Code § R4-9-118.

5. The preponderance of the evidence shows that Respondent abandoned the contract, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(1).

6. The preponderance of the evidence shows that Respondent failed to

comply with the Registrar’s Directive without valid justification, which is a 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 License No. 296426 held by Unique Flooring, LLC DBA: Supreme Stone, 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 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 Ariz. Rev. Stat. sections 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.

Done this day, March 3, 2023.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Donna LaMorte

[email redacted]

Unique Flooring LLC

[email redacted]

[email redacted]