ALJDEC - Licensing

2023A-05602-CHC-ROC · Registrar of Contractors · 2023-12-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Christy Unruh ,

COMPLAINANT

v.

Casey Daniel Rodman

DBA: Desert Dynamics Construction

License No. ROC 324291,

RESPONDENT

No. 2023A-05602-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 1, 2023

APPEARANCES: Christy Unruh appeared on her own behalf. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio

EXHIBITS ADMITTED INTO EVIDENCE:

FINDINGS OF FACT

Casey Daniel Rodman DBA: Desert Dynamics Construction (Respondent) is the holder of License No. 324291 issued by the Arizona Registrar of Contractors (Registrar).

On or about February 24, 2023, Christy Unruh (Complainant) entered into a contract with Respondent for, among other things, the purchase of a new built home.

On or about May 31, 2023, the Registrar received a Complaint against Respondent from Complainant that alleged poor work with respect to the project.

The Registrar assigned the complaint to Investigator Cliff Corlett. After a jobsite inspection, Investigator Corlett 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 or before August 27, 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: 2 - 2. Exterior paint job on house see through in multiple places

Investigator’s Observation: There was some stucco impact damage and some stucco areas that were not adequately paint covered. There is no way for the ROC to determine how or when the impact damage occurred but the Respondent should properly touch up the missing paint areas matching the surrounding areas as closely as possible.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 3 - 3. Exterior: Concrete construction waste dumped in back yard;

Investigator’s Observation: Construction debris was noted in back yard in area of water faucet.

RESPONDENT SHOULD REMOVE / CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 4 - 4. Rear patio ceiling has obvious patch.

Investigator’s Observation: ROC agrees. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS MATCHING THE SURROUNDING AREA AS CLOSELY AS POSSIBLE.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 7 - All entry doors extremely hard to lock; doors not level;

Investigator’s Observation: The Workmanship Standards for Licensed Contractors (WSLC) states that the respondent should properly adjust the doors, windows, screens and weather stripping during the first year of occupancy. The WSLC also states that doors should clear the jamb on the sides and top by 1/8-inch. Many doors in the house were touching or binding on the jambs.

RESPONDENT SHOULD PROPERLY ADJUST ALL DOORS, SCREENS AND OR WEATHER STRIPPING AS NEEDED. Respondent is not responsible to repaint areas the Complainant has sanded or planed.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 8 - Thresholds have exposed nails, not properly installed. Trip hazards; have no support.

Investigator’s Observation: Threshold appeared to be missing some wood trim that was held on by now exposed pin nails. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 12 - Interior doors not installed correctly; Do not close properly.

Investigator’s Observation: The Workmanship Standards for Licensed Contractors (WSLC) states that the respondent should properly adjust the doors, windows, screens and weather stripping during the first year of occupancy. The WSLC also states that doors should clear the jamb on the sides and top by 1/8-inch. Many doors in the house were touching or binding on the jambs.

RESPONDENT SHOULD PROPERLY ADJUST ALL DOORS, SCREENS AND OR WEATHER STRIPPING AS NEEDED. Respondent is not responsible to repaint areas the Complainant has sanded or planed.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 13 - Tile flooring throughout the house not up to standards. Nail heads between tiles exposed.

Investigator’s Observation: Tile in various areas have failing grout and some excessive lippage.

RESPONDENT SHOULD PROPERLY CORRECT ALL FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 14 - Tiles unglued throughout living areas.

Investigator’s Observation: Tile in various areas have failing grout and some excessive lippage.

RESPONDENT SHOULD PROPERLY CORRECT ALL FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 16 - Trip hazards in living room, kitchen & bedrooms. Floor not level

Investigator’s Observation: Other than the tile lippage in items 13 & 14 no floor unlevel items noted. RESPONDENT SHOULD PROPERLY CORRECT ALL FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 18 - Upper and lower kitchen cabinets not flush;

Investigator’s Observation: Toe kicks on kitchen cabinets are poorly finished.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 21 - Tile flooring in kitchen has major trip hazards.

Investigator’s Observation: Other than the tile lippage in items 13 & 14 no floor unlevel items noted. RESPONDENT SHOULD PROPERLY CORRECT ALL

FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 22 - Tile around counters is not grouted where it meets counter. Large gaps remain.

Investigator’s Observation: Grout is missing at corner of kitchen counter toe kick at refrigerator.

SHOULD PROPERLY CORRECT ALL FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 23 - Caulking in & around kitchen sink discoloring and flaking off;

Investigator’s Observation: After first year of occupancy, caulk (and grout) become homeowner maintenance items.

RESPONDENT SHOULD PROPERLY CORRECT ANY FAILING CAULKING.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 24 - Paint in kitchen 'see through.

Investigator’s Observation: Paint on cabinet toe kicks poorly applied.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 25 - Light switches for kitchen, hall & front porch do not work independently. Unable to use porch light without all kitchen lights being on.

Investigator’s Observation: Light switches did not function properly.

RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 26 - Kitchen Island countertop not attached to the base, has exposed plywood.

Investigator’s Observation: Countertop not properly attached. There is raw exposed OSB sheathing under kitchen countertop. OSB is not a finished product and should not be left exposed.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 27 - Dishwasher not installed. No water to Dishwasher.

Investigator’s Observation: Dishwasher not installed. No water to

Dishwasher.

RESPONDENT SHOULD PROPERLY INSTALL DISHWASHED AND CONNECT TO WATER SUPPLY.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 28 - Stove not fully installed. Rocks forward when oven door is opened;

Investigator’s Observation: RESPONDENT SHOULD PROPERLY INSTALL THE STOVE ANTI TIP DEVICE.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 30 - Door for lazy Susan cabinet hangs up.

Investigator’s Observation: Contractor should repair. adjust or replace operating parts as required during first year.

RESPONDENT SHOULD PROPERLY CORRECT.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 31 - Kitchen cabinets missing 7 shelves.

Investigator’s Observation: RESPONDENT SHOULD PROPERLY PROVIDE AND INSTALL THE MISSING CABINET SHELVES.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 32 - Laundry room has no electricity to the 110 or 220 outlets.

Investigator’s Observation: There was "dead" electrical plugs in laundry room. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 34 - Screen in bedroom #2 bent & needs replacing.

Investigator’s Observation: RESPONDENT SHOULD PROPERLY REPLACE AND INSTALL THE BENT SCREEN BEDROOM# 2.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 36 - #2 bathroom shower not grouted. No trim around the shower head;

Investigator’s Observation: # 2 bath/showers missing grout and shower head trim ring missing.

RESPONDENT SHOULD CORRECT BOTH BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 37 - Toilets in both bathrooms rock.

Investigator’s Observation: Both toilets appeared to be slightly loose.

RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 38 - Master bedrooms closet doors hang up; not plum.

Investigator’s Observation: The Workmanship Standards for Licensed Contractors (WSLC) states that the Respondent should properly adjust the doors, windows, screens and weather stripping during the first year of occupancy. The WSLC also states that doors should clear the jamb on the sides and top by 1/8-inch. Many doors in the house were touching or binding on the jambs.

RESPONDENT SHOULD PROPERLY ADJUST ALL DOORS, WINDOWS, SCREENS AND OR WEATHER STRIPPING AS NEEDED. Respondent is not responsible to repaint areas the Complainant has sanded or planed.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 39 - Master bedroom windows 'track' is warped & window is hard to slide.

Investigator’s Observation: The Workmanship Standards for Licensed Contractors (WSLC) states that the Respondent should properly adjust the doors, windows, screens and weather stripping during the first year of occupancy. The WSLC also states that doors should clear the jamb on the sides and top by 1/8-inch. Many doors in the house were touching or binding on the jambs.

RESPONDENT SHOULD PROPERLY ADJUST ALL DOORS, WINDOWS, SCREENS AND OR WEATHER STRIPPING AS NEEDED.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 40 - Master bedrooms' flooring has trip hazards, not up to standards.

Investigator’s Observation: Other than the tile lippage in items 13 & 14 no floor unlevel items noted. RESPONDENT SHOULD PROPERLY CORRECT ALL FAILING GROUT, EXCESSIVE LIPPAGE AND LOOSE TILES,

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 42 - Master shower: Chipped and mis-spaced tile on walls.

Investigator’s Observation: Master shower tile is chipped and mis-spaced.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 43 - Wooden Shim under seat left there.

Investigator’s Observation: Wood shims were observed under master shower seat. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 44 - Grout has exposed spacers that weren't removed.

Investigator’s Observation: Tile spacers were observed in tile grout.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 45 - Grouting missed quite a few places.

Investigator’s Observation: Gaps and missing grout was observed in the shower tile.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 46 - No trim finish work done on edges of shower.

Investigator’s Observation: Improper / sharp tile edges in Master shower.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 47 - Sharp tiles around window missing grout/finish work.

Investigator’s Observation: Improper / sharp tile edges in Master shower.

RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 48 - Master shower: Floor has lumps under the tile. Water does not drain fully

Investigator’s Observation: Master bath tile floor has "lumps" and does not drain properly.

RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 49 - Edge of floor tile consists of tiny chips of tile haphazardly laid. Unusable 100%.

Investigator’s Observation: Shower floor tile edges poorly cut and crooked.

RESPONDENT SHOULD DETERMINE CAUSE AND CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 51 - Overpressure release for water heater not secured.

Investigator’s Observation: Water heater T&P overflow line thru garage wall not secured. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 53 - Stucco falling off around over pressure release.

Investigator’s Observation: Water heater T&P overflow line thru garage wall not secured. The stucco where the pipe comes thru the wall has delaminated and failed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 54 - Stucco falling off from around the windows, cracks radiating from window frames

Investigator’s Observation: Minor stucco failings around some windows. Cracks at corners of windows is a common occurrence. RESPONDENT SHOULD PROPERLY REPAIR THE FAILING/MISSING STUCCO.

Stucco cracks are within acceptable industry standard.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 55 - AC power & Freon lines into house, insulation is falling off the lines.

Investigator’s Observation: Insulation/ wrap of HVAC lines to house are failing. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 56 - Stucco delaminating from metal lath.

Investigator’s Observation: Stucco at water heater overflow pipe exiting the garage wall has failed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS, MATCHING THE SURROUNDING AREA AS CLOSELY AS POSSIBLE.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 57 - Wiring in attic not to standards.

Investigator’s Observation: 110v and low voltage wire running through the attic access hatch. RESPONDENT SHOULD PROPERLY RELOCATE THESE WIRES.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 58 - Garage floor has leaves in the concrete

Investigator’s Observation: Leaves were floated and finished into the concrete of the garage slab. These leaves have expanded and "popped the top" off the finished concrete. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS.

***NOTE*** Complainant is responsible to provide clear access. Respondent is not required to move or store any garage or household items to perform the corrective work.

Governing Rule: Violation of any rule adopted by the Registrar;

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Following the issuance of the written directive, Respondent did not attempt to address the verified allegations. After the deadline in the directive expired, Investigator Corlett was notified by Complainant no corrective work had been performed.

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

The Registrar issued a Notice of Hearing, setting a hearing at 1:00 p.m. on December 1, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. An October 17, 2023 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on December 1, 2023.

Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.

Investigator Corlett testified consistently with his jobsite inspection notes, written directive, and compliance jobsite inspection notes.

Complainant testified prior to moving in April of 2023 she walked through the house to do an inspection of the property, however, at the time, the house was undergoing interior painting. Because the painters had covered most of the home in plastic, Complainant did not notice the poor workmanship. After Complainant moved in, she called Respondent to address the workmanship issues. Respondent sent a few workers to investigate, but no repair work was ever started. The last time Complainant communicated with Respondent was at the jobsite inspection.

Administrative notice is taken of Respondent’s License record on December 15, 2023. Such prior License record reflects that Respondent’s License No. 324291 was first issued on April 22, 2019, and is active. Respondent’s License record also reflects that there was one other open complaint. Respondent’s license was disciplined twice in the past year. Each disciplinary action resulted in a 20 day suspension of Respondent’s License.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

The copies of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

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. Investigator Corlett verified the workmanship issues detailed in the written directive and determined 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. Investigator Corlett and Complainant testified no corrective work had been performed by the written directive deadline. 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. 324291.

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, December 21, 2023.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Casey Daniel Rodman

Dba Desert Dynamics Construction

[email redacted]

Christy Unruh

[email redacted]

By: OAH Staff