ALJDEC - Licensing
2023A-03818-CHC-ROC · Registrar of Contractors · 2023-08-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Dennis E. Frazier,
COMPLAINANT
v.
Ramos Concrete Coating & Flooring LLC
License No. ROC 322760,
RESPONDENT
No. 2023A-03818-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 10, 2023
APPEARANCES: Dennis Frazier appeared on his own behalf. Gabriele Frazier appeared as a witness on behalf of Complainant. Julian Ramos represented Ramos Concrete Coating & Flooring LLC.
ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio
FINDINGS OF FACT
Ramos Concrete Coating & Flooring LLC (Respondent) is the holder of License No. 322760 issued by the Arizona Registrar of Contractors (Registrar).
On or about October 25, 2021, Dennis E. Frazier (Complainant) entered into a contract with Respondent for, among other things, sealing and coating of decking and driveway.
On or about March 28, 2023, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.
The Registrar assigned the complaint to Investigator John Chester. After a jobsite inspection, Investigator Chester 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 May 18, 2023.
RESTRICTIONS
• You may not perform or hire other contractors to perform work that is outside the scope of your license.
• If your license is currently suspended for administrative reasons, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item 1: Kool deck sealing losing adhesion with bubbling of polyurethane coating in Garage.
Investigator’s Observation: At time of inspection visual bubbling of decking throughout patio. Respondent will fix by appropriate means.
Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item 2: Rear patio and garage joints are cracking and peeling. Color fading and staining.
Investigator’s Observation: During inspection visible see color fading in patio and garage. Staining was very apparent in garage. Respondent will need to fix by appropriate means.
Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Following the issuance of the written directive, Respondent performed no corrective work. After the deadline in the directive expired, Investigator Chester was notified by Complainant no corrective work had been performed and thus no compliance job site inspection was conducted. Investigator Chester then submitted his recommendation for citation to the Registrar legal department.
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 Chester testified consistently with this written directive and jobsite inspection notes.
Complainant testified after Respondent completed the sealing and coating there was noticeable blistering and peeling. On September 30, 2021, Respondent informed Complainant he needed to bush the areas with soap and water to resolve the blistering and peeling. Complainant complied with Respondent’s recommendation and it did not fix the blistering and peeling. Complainant testified Respondent told him to expect the sealing and coating to last 10 years.
Gabriele Frazier, Complainant’s spouse, testified that less than two weeks after Respondent completed the work pursuant to the contract, the coating began bubbling, blistering, and peeling. Ms. Frazier testified she was the one who negotiated the contract with Respondent; she testified that Respondent agreed in a writing signed by the parties to the clause, “If there is any issues with the coating after the repairs are done [Respondent] will be glad to come fix them. [Respondent] [guarantees] if any damages [occur] [Respondent] will repair.” However, Ms. Frazier testified no repairs were completed by Respondent.
Mr. Ramos testified the original scope of work was for sealing and coating of the driveway and garage walkway. After those two areas were completed Respondent testified Ms. Frazier claimed he did such a good job she wanted him to also seal and coat the back patio and pool area. Ms. Frazier notified Respondent of the blistering and bubbling he told her it was the result of a previous contractor, but admitted he did in fact guarantee if any damage occurred he would repair and failed to do so.
Administrative notice is taken of Respondent’s License record on August 28, 2023. Respondent’s License No. 322760 was first issued on November 18, 2018, and was revoked May 21, 2020.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
Respondent’s revoked license does not deprive Complainant of his right to prosecute his complaint or prevent the Registrar from determining the merits of the complaint.
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. 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 attempt to 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 revoke Respondent’s License No. 322760.
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, August 30, 2023.
/s/ Brian Del Vecchio
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Ramos Concrete Coating & Flooring LLC
[email redacted]
Dennis E Frazier
[email redacted]
By: OAH Staff