ALJDEC - Licensing

2023A-06925-CHC-ROC · Registrar of Contractors · 2023-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Lori Anne Sunthonchart ,

COMPLAINANT

v.

Ryan Michael Pace

DBA: Sun Valley Rooter & Plumbing

License No. ROC 336793,

RESPONDENT

No. 2023A-06925-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 28, 2023

APPEARANCES: Lori Anne Sunthonchart appeared on her own behalf. Respondent failed to appear. Investigator Michael Wiskow appeared as a witness on behalf of the Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio

FINDINGS OF FACT

Ryan Michael Pace, doing business as Sun Valley Rooter and Plumbing, (Respondent) is the holder of License No. 336793 issued by the Arizona Registrar of Contractors (Registrar).

On or about April 5, 2023, Lori Anne Sunthonchart (Complainant) entered into a contract with Respondent for, among other things, plumbing services and materials. The contract did not include the estimated date of competition of all work to be performed and the notice to property owner’s right to file a written complaint with the Registrar.

On or about July 19, 2023, the Registrar received a Complaint against Respondent from Complainant which alleged poor workmanship with respect to the project.

The Registrar assigned the complaint to Investigator Michael Wiskow. During a jobsite inspection, Investigator Wiskow documented his observations as follows:

Complaint Item: 1 - Sewer lines from the hall bathroom is holding water

Investigator’s Observation: Verified. Per 3rd party licensed contractor report, sewer lines are holding water. Sewer lines should be properly pitched per local building authority requirements.

Contractor should repair by appropriate means.

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: 2 - Clean outs were not properly installed, needs proper turns installed in place of San-T fittings that was used at cleanout

Investigator’s Observation: Verified. Per 3rd party licensed contractor report, clean outs were not properly installed, needs proper turns installed in place of San-T fittings that was used at cleanout.

Contractor should repair by appropriate means.

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 - Approx. 20 feet out from clean outs to the driveway area, middle of the yard sewer line is tied improperly.

Investigator’s Observation: Verified. Per 3rd party licensed contractor report, 20 feet out from clean outs to the driveway area, middle of the yard sewer line is tied improperly. Sewer lines should be properly tied in to existing sewer.

Contractor should repair by appropriate means.

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 - Master bath line is also holding water, wrong fittings at turns.

Investigator’s Observation: Verified. Verified. Per 3rd party licensed contractor report, master bath line is also holding water, wrong fittings at turns.

The master bath sewer fittings should be proper and not hold water.

Contractor should repair by appropriate means.

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: 5 - Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the irrigation system sprinklers,

Investigator’s Observation: Verified. Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the irrigation system sprinklers.

Contractor should repair by appropriate means.

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: 6 - Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the concrete curb edging,

Investigator’s Observation: Verified. Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the concrete curb edging.

Contractor should repair by appropriate means.

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 - Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the garbage receptacle.

Investigator’s Observation: Verified. Exterior master bath side of the home, the backhoe was driven between the homes, it destroyed the garbage receptacle.

Contractor should repair by appropriate means.

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 - The concrete pad to the garage door was not placed back in its original position. It was left lying near the neighbors flower bed too heavy to lift and place in its proper location. ;

Investigator’s Observation: Verified. The concrete pad to the garage door was not placed back in its original position. It was left lying near the neighbors flower bed too heavy to lift and place in its proper location.

Contractor should repair by appropriate means.

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: 9 - Exterior front yard, irrigation system is not working, damaged by contractor.

Investigator’s Observation: Verified. Exterior front yard, irrigation system is not working, damaged by contractor.

Contractor should repair by appropriate means.

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: 10 - A hole was dug to expose the wires and has never been repaired

Investigator’s Observation: Verified. A hole was dug to expose the wires and has never been repaired.

Contractor should repair by appropriate means.

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: 11 - All grass front and side of this duplex unit is now dead.

The contractor promised the homeowners and HOA the system would be repaired and damage restored

Investigator’s Observation: Verified. All grass front and side of this duplex unit is now dead. The contractor promised the homeowners and HOA the system would be repaired and damage restored.

Contractor should repair by appropriate means.

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 - Exterior front patio, the concrete and tile were not restored.

Investigator’s Observation: Verified. Exterior front patio, the concrete and tile were not restored.

Contractor should repair by appropriate means.

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.

All errors in original.

Following the issuance of the jobsite inspection notes, Investigator Wiskow was informed Respondent did not intend to perform any repairs. Investigator Wiskow did not draft a written directive and instead referred the matter to the Registrar’s 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); Ariz. Rev. Stat. § 32-1154(A)(9)(a-c); and Ariz. Rev. Stat. § 32-1154(A)(12), namely Ariz. Rev. Stat. § 32-1158.

On July 20, 2023, Mike D. Pace (Mike), father and employee of Respondent, went to Complainant’s home and she felt he was intimidating her. Fortunately, another contractor was in Complainant’s home at the time and was able to turn Mike away.

On July 24, 2023, the date of the jobsite inspection, Complainant received a text message from Respondent stating:

Lori I'm not going to be there tomorrow, things are much worse than they appear mikes coming up with plans to take my kids I feel idk how but he's threatening me by saying things to me and telling others things like "he will be a problem for me " " I haven't seen nothing yet " etc he is crazy and I want nothing to do with him he threatened to come visit me today if I didn't give him all the info I've received on your house either from you or inspector. he's received everything I have by hard copy mail to the address he lives at , he is scheming to make it seem like you are in wrong and he isn't and it is truly sad I'm sorry for that and if I could fix your problem I would I just can't. Sorry for the late text I've been trying to manage this all day and it's been tough. The bonds and insurance will hopefully cover your home. I'm worried about my family's safety at this point in time I don't know what to do.

All errors in original.

On September 6, 2023, Respondent emailed the Office of Administrative Hearings the following:

This is Ryan Michael Pace doing business as Sun Valley Rooter and Plumbing, I would like to state that I have tried and was not successful in coming up with a solution that suited Lori Sunthonchart and myself. As a result of this situation I cannot do anything further to correct this, I have nothing to present in my case at a hearing and would only waste time, the customer is entitled to pursue recovery funds or bonds in order to correct the matter. I cannot personally pay out of pocket at this time, I failed to uphold professional service.

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 9:00 a.m. on September 28, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. An August 28, 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 September 28, 2023.

Respondent did not request that the hearing be continued. Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.

At hearing, Investigator Wiskow testified consistently with his jobsite inspection notes.

At hearing, Complainant testified she did not communicate with Respondent until after the complaint was filed. All the work and communication between the parties was performed by Mike, Respondent’s father. Complainant testified when issues arose on the project she spoke with Mike to attempt to resolve the issues because he was the one who did all the work; however, Mike became increasingly aggressive and going so far as showing up at Complainant’s house and allegedly threatening her physical safety.

Administrative notice is taken of Respondent’s License record on October 15, 2023. Respondent’s License record reflects that Respondent’s License No. 336793 was first issued on February 24, 2022, and has been inactive since September 12, 2023. 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.

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.

Respondent’s inactive license does not deprive Complainant of her right to prosecute her 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 attempted to evade regulation by the Registrar by allowing his father to perform all work, communication, and conduct all business operations while knowing his father did not have a license in violation of Ariz. Rev. Stat. § 32-1154(A)(9)(a-c).

The evidence established that Respondent’s contract failed to include the required elements of a contract set forth in Ariz. Rev. Stat. § 32-1158(A). Therefore, the Registrar established that Respondent failed to comply with the Registrar’s statute in violation of Ariz. Rev. Stat. § 32-1154(A)(12).

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. 336793 for a period of 7 days.

It is further recommended that, on or before thirty (30) days after the effective date of the final order, Respondent shall provide a sample contract to the Registrar to demonstrate that it has amended its contracts to include the nine terms required by Ariz. Rev. Stat. § 32-1158(A). If Respondent fails to establish to the Registrar that it has brought its contracts into compliance with Ariz. Rev. Stat. § 32-1158(A) within thirty days, its contractor’s license shall be suspended until it demonstrates that it has done so.

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 17, 2023.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Lori Anne Sunthonchart

[email redacted]

Ryan Michael Pace

DBA: Sun Valley Rooter & Plumbing

[email redacted]

By: OAH Staff