ALJDEC - Licensing
2023A-07303-CHC-ROC · Registrar of Contractors · 2023-11-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Robert Baer
COMPLAINANT,
v.
Blue Saguaro Design Group LLC
License No. ROC 327497,
RESPONDENT.
No. 2023A-07303-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 31, 2023
APPEARANCES: Complainant Robert Baer represented himself. No one appeared on behalf of Respondent Blue Saguaro Design Group, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. Respondent Blue Saguaro Design Group, LLC (Respondent) holds License No. ROC 327497 issued by the Arizona Registrar of Contractors (Registrar).
2. On or about October 15, 2021, Complainant Robert Baer and
Respondent entered into a residential pool decking contract, for the amount of $69,843.21. Complainant paid Respondent $69,843.21 pursuant to the contract.
3. On or about November 19, 2021, Respondent began work under the contract.
4. On or about July 1, 2022, Respondent stopped work.
5. On or about July 7, 2023, the Registrar received a complaint from Complainant alleging poor work on the part of Respondent.
6. On or about July 26, 2023, Registrar Investigator Aaron King conducted a job-site inspection.
7. On July 28, 2023, Investigator King issued a Directive to Respondent directing Respondent to correct Complaint items 1 through 4, by appropriate means, no later than August 16, 2023.
8. Respondent did not correct all of the items listed in the Directive by August 16, 2023.
9. On August 25, 2023, the Registrar issued a Citation that contained allegations that Respondent may have violated Arizona Administrative Code (A.A.C.) Rule 4-9-108(A); Ariz. Rev. Stat. section 32-1154(A)(3) and (22). The Citation shows that if the Administrative Law Judge finds that any of the alleged charges are valid, the Registrar may suspend or revoke Respondent’s license.
10. Respondent filed a timely answer to the Citation.
11. The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
12. At hearing, Complainant testified on behalf of himself. Complainant explained that Respondent performed poor work on his home. Investigator King testified consistently with his job site inspection notes and the issuance of the Directive.
13. No one appeared on behalf of Respondent at the hearing on October 31, 2023. No one filed a request to appear telephonically on behalf of Respondent. Although the hearing did not start until approximately 9:15 a.m., no one appeared on behalf of Respondent through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence to defend its license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
The burden of proof at an administrative hearing falls to the party
asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.
3. The Administrative Law Judge may consider ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.
4. A preponderance of the evidence is “such proof as convinces the trier of
fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
5. The preponderance of the evidence shows that Respondent failed to perform the work in a professional and workmanlike manner, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
6. The preponderance of the evidence shows that Respondent failed to
correct the items listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend ROC License: No. 327497 held by Blue Saguaro Design Group LLC, for three days.
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. section 32-1154(E).
It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), 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, November 20, 2023.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole
Registrar of Contractors
[email redacted]
Blue Saguaro Design Group LLC
[email redacted]
Aaron King
[email redacted]
Robert Baer
[email redacted]
By: OAH Staff