Minute Entry - FYI Advisement to Parties
2023A-06925-CHC-ROC · Registrar of Contractors · 2023-09-11
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
Minute Entry
The Administrative Law Judge, having reviewed the documents filed the parties makes the following minute entry:
Ryan Michael Pace (Respondent), DBA Sun Valley Rooter & Plumbing, is the qualifying party for License number 336793.
On or about July 6, 2023, Lori Anne Sunthonchart (Complainant), filed a complaint with the Registrar of Contractors (ROC) which alleged, among other things, Respondent failed to perform work in a professional workmanlike manner when:
the sewer lines were not properly pitched,
20 foot clean outs to the driveway area were improperly tied into the existing sewer, master bath sewer fittings are were incorrect and hold water,
Respondent destroyed the irrigation system sprinklers, Complainant’s concrete curb garbage receptacle, concrete pad to the garage door with heavy equipment, none of which were part the contract,
a hole was dug to exposure wires and was never repaired
the grass in the front and side yards were destroyed, and
the exterior front patio concrete and tile were not restored.
On July 26, 2023, a citation was issued to Respondent charging violations of A.R.S. § 32-1154(A)(9)(b), A.R.S. § 32-1154(A)(9)(c), and A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.
On August 23, 2023, a Notice of Hearing was sent to the parties scheduling a hearing for September 28, 2023.
On September 7, 2023, Respondent filed an electronic document with the Office of Administrative Hearings (OAH) in which they indicated settlement negotiations have failed, they, “have nothing to present and would only waste time,” they cannot personally pay out of pocket at this time, and they admitted they, “failed to uphold professional service.”
On September 7, 2023, Complainant filed an electronic document with OAH concurring with Respondent’s electronic document filed on the same date and requests to complaint be moved back to the ROC.
In light of Respondent’s admission, judicial notice is taken of the above facts, however, pursuant to the Notice of Hearing, “[b]ecause Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for suspension or revocation of a license” (emphasis added). Even though Respondent has admitted to the violations in the citation, the issue of the sanctions to be determined as a result of the violations of A.R.S. § 32-1154(A)(9)(b), A.R.S. § 32-1154(A)(9)(c), and A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 remains. Complainant’s request to return the complaint to the ROC is denied because the issue with sanctions remains.
Done this day, September 11, 2023.
/s/ Brian Del Vecchio
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile September 11, 2023 to:
Cindy Casaus
Interim Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Mike Wiskow
[email redacted]
Lori Anne Sunthonchart
[email redacted]
Ryan Michael Pace
DBA: Sun Valley Rooter & Plumbing
[email redacted]
By: OAH Staff