ALJDEC - Licensing

2023A-03392-CHC-ROC · Registrar of Contractors · 2023-10-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael and Nancy West,

COMPLAINANTS,

v.

Sanels Wholesale Cabinets, LLC

License No. ROC 338058,

RESPONDENT.

No. 2023A-03392-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 3, 2023

APPEARANCES: Complainants Michael and Nancy West appeared on their own behalf. Respondent Sanels Whole Cabinets, LLC failed to appear. Arizona Registrar of Contractors Investigator Patricia Schuette appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Sanels Whole Cabinets, LLC (“Respondent”) is the holder of License Number 338058 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about November 14, 2022, Michael and Nancy West (“Complainants”) contracted with Respondent for Respondent to provide and install kitchen cabinets in Complainants’ home as part of a remodeling project. The contract price was $6,246.55 and Complainants paid Respondent in full.

On or about March 21, 2023, the Registrar received a Complaint against Respondent from Complainants alleging abandonment and poor work with respect to the project.

The Registrar assigned the Complaint to Investigator Patricia Schuette. After an April 17, 2023 Jobsite Inspection, which Respondent did not attend, Investigator Schuette issued a Written Directive dated April 25, 2023, 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 May 11, 2023.

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

Compliance Item: 1 – Incorrect measurements, wrong size cabinets, incorrect installation.

Investigator’s Observation: Verified. Wall cabinets on the fridge side appear to be hung 1⁄2” higher than the wall cabinets on the sink side. Missing full end skin on pantry. Wall spacer left of microwave end not finished and visible cavity that can be seen. Trim nails not properly filled at toe kick. Crown molding at fridge side miter joint unsightly.

Compliance Item: 2- Damaged our refrigerator. Project still not completed.

Investigator’s Observation: Verified, There is a dent about the size of a quarter on the side of the refrigerator.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 3 - Project manager lied and would not provide owners name or contact information.

Investigator’s Observation: Unverified.

All errors in original.

Following the expiration of the deadline in the Written Directive, Investigator Schuette contacted Complainants and was informed that Respondent had come to the home to inspect the items ordered to be corrected pursuant to the Written Directive, however, Respondent did not perform any corrective work.

Thereafter, Investigator Schuette forwarded the matter to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging a possible violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a). Respondent was not charged with a possible violation of A.R.S. § 32-1154(A)(22). Investigator Schuette testified that it was an error on her part as to why Respondent was not cited for failing to comply with a Written Directive.

Respondent filed a timely Answer to the Citation and the Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

Following a continuance of the originally scheduled hearing date of August 1, 2023, the hearing was scheduled to convene on October 3, 2023, at 9:00 a.m. An Order advising of the October 3, 2023, 9:00 a.m. hearing was issued to the parties. That Order contained the Google Meet link to join the hearing by video or by telephone. It was issued to Respondent’s email address of record that had been used throughout the course of the proceedings.

On the date and at the time set for hearing, Complainants appeared on their own behalf. Investigator Schuette was present. Respondent did not appear through an authorized member, employee, or attorney. 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 Schuette testified consistently with the findings contained in the Written Directive, the Jobsite Inspection Notes, and with the deficiencies depicted in the photographs taken during the Jobsite Inspection.

Complainants testified that they concurred with Investigator Schuette’s findings.

Administrative notice is taken of Respondent’s prior License record on October 18, 2023. Such prior License record reflects that Respondent’s License Number 338058 was first issued on May 9, 2022, and was voluntarily canceled on September 25, 2023. Such prior License record also reflects that there are three (3) open complaints, five (5) resolved/settled complaints, and no discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Complainants bear the burden of proof to establish Respondent’s statutory violation 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.”

Pursuant to A.R.S. § 32-1154(D), “[t]he expiration, cancellation, suspension or revocation of a license by operation of law or by decision and order of the registrar or a court of law or the voluntary surrender of a license by a licensee does not deprive the registrar of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such a licensee, or to render a decision suspending or revoking such a license, or denying the renewal or right of renewal of such a license.”

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainants established that Respondent did not complete the project in a professional and 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 Number 338058 for a period of seven (7) 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, October 18, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

[email redacted]

Patricia Schuette

[email redacted]

Sanels Wholesale Cabinets, LLC

[email redacted]

Michael and Nancy West

[email redacted]

By: OAH Staff