ALJDEC - Licensing

2023A-01458-CHC-ROC · Registrar of Contractors · 2023-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Addison Garrett,

COMPLAINANT,

v.

Navarro's Outdoor Environments, LLC

License No. ROC 327455,

RESPONDENT.

No. 2023A-01458-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 9, 2023

APPEARANCES: Complainant Addison Garrett appeared on his own behalf. Respondent Navarro’s Outdoor Environments, LLC failed to appear. Arizona Registrar of Contractors Investigator James Carter appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Navarro’s Outdoor Environments, LLC (“Respondent”) is the holder of License Number 327455 issued by the Arizona Registrar of Contractors (“Registrar”).

In or about January 2022, Addison Garrett (“Complainant”) contracted with Respondent for Respondent to construct a pool and spa and install decking and hardscape at Complainant’s home. The contract price was $145,713.00. Complainant paid Respondent $47,500.00 toward the contract price.

On or about February 6, 2023, the Registrar received a Complaint against Respondent from Complainant alleging abandonment of the project.

The Registrar assigned the Complaint to Investigator James Carter. After a February 28, 2023 Jobsite Inspection, at which Respondent was present, Investigator Carter 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 28, 2023.

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

Compliance Item: 1 - Contractor failed to complete the contract, no more communication, job abandonment

Investigator’s Observation: Verified - Work began in March 2022 stopped in July 2022. Respondent did return once in November of 2022 to dig some footings but has not done anything else since. All work needs to be completed by appropriate means

All errors in original.

After the expiration of the Written Directive, Investigator Carter ascertained that Respondent did not perform any corrective work. Consequently, a Compliance Inspection was not conducted.

Thereafter, Investigator Carter forwarded the matter to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(1) and A.R.S. § 32-1154(A)(22).

The Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

The hearing was scheduled to convene on June 9, 2023, at 1:00 p.m. On the date and at the time set for hearing, Complainant appeared on his own behalf. Investigator Carter was present. Respondent did not appear through an authorized member, employee, or attorney, notwithstanding proper notice of the hearing. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator Carter testified consistently with his findings contained in the Written Directive and the Jobsite Inspection Notes. Investigator Carter testified that upon receipt of the Complaint, he contacted Respondent to advise of the filed Complaint. Investigator Carter testified that Respondent’s representative, Mr. Navarro, stated to him that Respondent had experienced financial difficulties, however, he was able to obtain monies from his wife’s 401K, and therefore, could move forward with the project.

Investigator Carter further testified that during the Jobsite Inspection, he observed that the fence and gate were missing from the north side of the home, the pool was excavated, however, a minimal amount of plumbing had been installed, and no rebar had been installed. During the Jobsite Inspection, Mr. Navarro stated that Respondent was willing to perform the contracted scope of work and that the rebar contractor had already been scheduled.

After the expiration of the Written Directive, Investigator Carter drove by the jobsite and observed that no work had been performed.

Complainant testified that he agreed with all of Investigator Carter’s testimony. Complainant testified that Respondent did not perform the excavation until three months after the contract was signed. After Respondent performed partial plumbing, Respondent stated that there was a shortage of concrete. Complainant testified that he has had no communication from Respondent since the Jobsite Inspection.

Administrative notice is taken of Respondent’s prior License record on June 13, 2023. Such prior License record reflects that Respondent’s License Number 327455 was first issued on January 17, 2020, and is active. Such prior License record also reflects that there are three open complaints, zero resolved/settled complaints, and one complaint resulting in discipline 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 uncontroverted evidence of record established that Respondent abandoned the project for which it contracted to perform, without legal excuse for such abandonment. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(1).

The uncontroverted evidence of record established that Respondent did not complete the corrective work following the Written Directive being issued, and that no valid justification for such failure existed. 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 Number 327455 for a period of seven (7) 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 (30) 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)(7), 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, June 13, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Martín Quezada, Director

Registrar of Contractors

[email redacted]

Addison Garrett

[email redacted]

Navarro's Outdoor Environments, LLC

[email redacted]

James Carter

[email redacted]

By: OAH Staff