ALJDEC - Licensing

2022A-10182-CHC-ROC · Registrar of Contractors · 2023-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Joe Guajardo,

COMPLAINANT

v.

Navarro's Outdoor Environments, LLC

License No. ROC 327455,

RESPONDENT

No. 2022A-10182-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 6, 2023

APPEARANCES: Complainant Joe Guajardo appeared on his own behalf. Oscar Navarro, Owner and Qualifying Party, appeared on behalf of Respondent Navarro’s Outdoor Environments, LLC.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Navarro's Outdoor Environments, LLC (Respondent) is the holder of License No. 327455 issued by the Arizona Registrar of Contractors (Registrar). Respondent’s license was first issued on January 17, 2020, and was suspended in February 2022 for non-renewal. Respondent’s license was renewed in December 2022.

On or about May 20, 2022, while Respondent’s license was suspended, Joe Guajardo (Complainant) entered into a contract with Respondent for a landscaping project including a putting green and outdoor kitchen for a total contract price of $59,000.00.

On or about November 4, 2022, the Registrar received a Complaint against Respondent from Complainant alleging abandonment with respect to the project.

The Registrar assigned the complaint to Investigator Chris Fultz. After a jobsite inspection, Investigator Fultz substantiated the issues raised in the complaint. Investigator Fultz did not issue a written directive because Respondent’s license was suspended at the time.

The Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(1); A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A); and A.R.S. § 32-1154(A)(17).

Investigator Fultz testified as to his observations of the project during the jobsite inspection. Investigator Fultz also noted that Respondent had two other complaints against its license, one of which resulted in a suspension from February 21, 2023, through February 23, 2023, and a directive had been issued in the other one.

Complainant testified that he had paid Respondent a total of $50,000.00 towards the project. Complainant indicated that Respondent stopped work on the project on July 22, 2022. Complainant stated that there had been some communication from Respondent after that time, but no further work had been performed. Complainant asserted that the project was approximately 40 to 50 percent complete.

Mr. Navarro testified that it was not his intention to stop work on the project. Mr. Navarro indicated that Respondent also held a pool builder license and they had multiple projects going on at this time. Mr. Navarro acknowledged that Respondent did not attempt to do any further work on the project after its license had been renewed and had not contacted Investigator Fultz to get further information on the process. Mr. Navarro asserted that the project was approximately 75 to 80 percent complete. Mr. Navarro acknowledged that nothing Complainant had stated was false.

Administrative notice is taken of Respondent’s prior License record on March 20, 2023. Such prior License record reflects that Respondent’s License No. 327455 was first issued on January 17, 2020, and is now active. Such prior License record also reflects that there were two open complaints and one prior complaint resulting in discipline 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 the work in the bid. Accordingly, Complainant established that Respondent abandoned the contract and failed to complete the project in a professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(1) and A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The evidence established that Respondent contracted while its license was suspended. Accordingly, Complainant established that Respondent contracted while its license was suspended in violation of A.R.S. § 32-1154(A)(17).

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. 327455 for a period of five days.

It is further recommended that the Registrar require Respondent to pay the sum of $1000.00 as a civil penalty pursuant to A.R.S. § 32-1154(F).

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.

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, March 20, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

Joe Guajardo

[email redacted]

Navarro's Outdoor Environments, LLC

[email redacted]

Chris Fultz

[email redacted]

By: OAH Staff