ALJDEC - Licensing

2022A-11084-CHC-ROC · Registrar of Contractors · 2023-07-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Marie White Brown,

COMPLAINANT

v.

Reid Development LLC

License No. ROC 212902,

RESPONDENT

No. 2022A-11084-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 7, 2023

APPEARANCES: Marie White Brown appeared on her own behalf. Ken Reid appeared as a representative for Reid Development LLC. Investigator Jack Grimm appeared on behalf of the Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio

_____________________________________________________________________

FINDINGS OF FACT

Reid Development LLC (Respondent) is the holder of License No. 212902 issued by the Arizona Registrar of Contractors (Registrar).

On or about October 23, 2020, Marie White Brown (Complainant) entered into a contract with Respondent for, among other things, installation of a fireplace, installation of several doors and windows, tiling around several areas of the home, plumbing and installation of plumbing fixtures, outdoor concrete and plumbing, and installation of a custom closet.

On or about December 5, 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 Jack Grimm. After a jobsite inspection, Investigator Grimm 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 March 24, 2023.

. . . .

DIRECTIVE REQUIREMENTS

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

Complaint Item #1: Bedroom Fireplace not installed correctly.

Investigators Observation: Fireplace appears incomplete.

*Verify the fireplace is installed per manufacturer’s installation instructions and is functioning correctly.

. . . .

Complaint Item #6: Tile Uneven in Multiple areas Downstairs and Upstairs

Investigators Observation: Tile was installed in the entry and around the kitchen cabinets by the respondent. Tile in this area has locations of poorly installed or hollow sounding tile. Also observed locations with lippage. Uneven tiles are to be no more than 1/32 inch between individual tiles. Hollow sounds should be no more than 20 percent of the tile.

*Correct locations of tile as outlined above.

. . . .

Complaint Item #7: Bedroom Door Broken

Investigators Observation: Glass in bedroom door appears to have been installed broken.

*Correct broken glass.

. . . .

Complaint Item #9: Shower Head Makes noise ordered part but never repaired

Investigators Observation: Shower head does not appear to function correctly.

*Correct as needed.

. . . .

Complaint Item #10: Water Pools in Shower

Investigators Observation: Shower floor does not drain correctly towards the drain. Shower floor is flat or slopes to the entrance in some locations.

*Correct shower floor for correct slope and drainage.

. . . .

Complaint Item #11: Tile and Wall Separating In Shower

Investigators Observation: Observed crack at top where the tile meets the ceiling at the entrance to the walk in shower.

*Correct crack one time in first year.

. . . .

Complaint Item #12: Uneven Entry at bathroom Barn Door

Investigators Observation: Observed a location at the upstairs doorway where the tile transformation from the bathroom to the bedroom has fall greater than 1/2 inch 3 to 4 feet. Floor is not flat.

*Correct by appropriate means.

. . . .

Complaint Item #13: Barn Door Replacement x 2 due to damage

Investigators Observation: Observed locations of damage to the doors.

*Correct by appropriate means.

. . . .

Complaint Item #16: Concrete in drain

Investigators Observation: Observed concrete in deco drain at end of patio.

*Correct by appropriate means.

. . . .

Complaint Item #19: Concrete Patio Cracked and possibly raised too high for code.

Investigators Observation: Patio was poured to high against the stucco on the house. Stucco weep screed is buried under concrete. Code requires 2 inch minimum under weep screed to top of concrete.

*Correct by appropriate means.

. . . .

Complaint Item #21: Master Bedroom Window has damage from contractors climbing In and out

Investigators Observation: Observed some minor damage to window frame.

*Correct by appropriate means.

. . . .

Complaint Item #22: No Trim above Closet Attic Space and Missing built in Ladder

Investigators Observation: There does not appear to be room for a ladder and am unable to determine if a ladder was part of the agreement. Attic access is incomplete.

*Complete trim and paint at attic access.

. . . .

Complaint Item #23: Wedding Dress Niche not completed with drawers

Investigators Observation: Parties state there was a verbal agreement regarding this location.

*Complete per agreement between parties.

. . . .

Complaint Item #38: Light and Opener in Golf Cart Garage

Investigators Observation: Light and opener are being operated with exposed wires and cords. Verify the electric components in the added garage have been installed per city approved plans.

*Correct by appropriate means if determined incorrect.

All errors in original.

On or about March 30, 2023, Investigator Grimm issued an Addendum to Written Directive Dated 2-24-23 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 April 17, 2023.

. . . .

DIRECTIVE REQUIREMENTS

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

Complaint Item #1: Electrical – Ken sent Angel an electrician out to correct the problem with Fridge and other power outages I had. It was discovered that several breakers were overloaded and had many things not up to code. The kitchen fridge does not have a GFI and that breaker has upstairs bathroom and downstairs living room TV and fireplace all on the same breaker.

Investigators Observation: Respondent states that his electrician was on site and it was determined that some circuits are wired incorrectly. The refrigerator is not on its own circuit and needs to be addressed. The term GFI used by complainant is incorrect it is meant to mean a separate circuit.

*Correct circuits and separate items in need of their own circuit by appropriate means.

. . . .

Complaint Item #2: The pool pump that is less than 5 years old, I had 3 people come and Angel (Ken’s electrician) confirm that a power surge and the blown meter from SRP due to incorrect wiring caused the failure.

Investigators Observation: Homeowner states the pump does not work and is damaged. Unable to determine if a circuit to the pool pump is correct.

*Verify breakers, wiring and disconnects are all correct per code.

All errors in original.

Following the issuance of the Written Directive and Addendum to Written Directive Dated 2-24-23, 16 complaint items were identified. After the deadline in the amended directive expired, Investigator Grimm was notified some corrective work had been performed. On April 19, 2023, Investigator Grimm identified 7 of the original 16 corrective items were incomplete. The outstanding items included complaint items 1, 6, 10, 12, 13, 21, and 23.

The Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A); and Ariz. Rev. Stat. § 32-1154(A)(22).

Investigator Grimm testified consistently with his Jobsite Inspection Notes, Written Directive, Addendum to Written Directive Dated 2-24-23, and Compliance Jobsite Inspection Notes.

Complainant testified consistent with Investigator Grimm’s findings.

Mr. Reid admitted he was aware of his obligation to comply with all of the substantiated corrective items in Investigator Grimm’s Jobsite Inspection Notes, Written Directive, and Addendum to Written Directive Dated 2-24-23 by April 17, 2023. He admitted he was aware some of the products that needed to be ordered would not be delivered prior to the deadline set by Investigator Grimm, however, he notified Complainant and failed to request an extension from Investigator Grimm.

Administrative notice is taken of Respondent’s License record on July 21, 2023. Respondent’s License record reflects that Respondent’s License No. 212902 was first issued on October 17, 2005, and is active. Respondent’s 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.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Respondent admitted he was aware of his obligation to comply with the Registrar’s standards and deadlines but failed to timely do so. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

The evidence established that Respondent did not 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 Ariz. Rev. Stat. § 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. 212902 for a period of 7 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. § 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. § 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, July 31, 2023.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Martín Quezada, Director

Registrar of Contractors

Reid Development LLC

[email redacted]

Marie White Brown

[email redacted]

Jack Grimm

[email redacted]

By: OAH Staff