ALJDEC - Licensing
2023A-07354-CHC-ROC · Registrar of Contractors · 2023-12-06
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Grace Dubberly,
COMPLAINANT
v.
Marshall's Interior Design LLC
License No. ROC 342029,
RESPONDENT
No. 2023A-07354-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 17, 2023
APPEARANCES: Grace Dubberly appeared on her own behalf. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio
EXHIBITS ADMITTED INTO EVIDENCE: Hearing File
FINDINGS OF FACT
Marshall's Interior Design LLC (Respondent) is the holder of License No. 342029 issued by the Arizona Registrar of Contractors (Registrar).
On or about February 21, 2023, Grace Dubberly (Complainant) entered into a contract with Respondent for, among other things, design and construction of two custom closets.
On or about June 29, 2023, the Registrar received a Complaint against Respondent from Complainant alleging abandonment with respect to the project.
The Registrar assigned the complaint to Investigator Todd Anderson. After a jobsite inspection, Investigator Anderson did not issue a written directive, but referred the matter to the legal department.
The Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(1) 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 November 17, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. An October 10, 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 November 17, 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.
At hearing, Investigator Anderson was unavailable. Investigator Anderson did not testify, the ALJ has no information as to why a written directive was not issued in this matter. Complainant requested to hold the hearing despite Investigator Anderson’s inability to provide testimony.
Complainant testified she attended a trade show in January of 2023 to hire a contractor to install two custom closets in her master bedroom. At the trade show, the parties agreed to meet at Complainant’s home. On February 21, 2023, Complainant and David Marshall, owner of Respondent, contracted for the design and installation of two custom closets for $20,000.00 with a 50% deposit. Demo was scheduled to begin at the end of March and installation was scheduled for early April. Complainant immediately wrote a check, which was later deposited in Respondent’s bank account. Months passed and Complainant repeatedly reached out to Mr. Marshall to get updates on the project; however, Mr. Marshall responded with personal reasons why the project was delayed. Complainant requested receipts for purchases made and was told by Mr. Marshall to have faith and she was in line behind several other customers. On July 25, 2023, a jobsite inspection occurred in which Complainant, Investigator Anderson, and Mr. Marshall were present. Investigator Anderson took photos of the two closet areas and noted that no work had been done. Complainant testified no work has been done to date.
Administrative notice is taken of Respondent’s License record on December 2, 2023. Respondent’s License record reflects that Respondent’s License No. 342029 was first issued on December 2, 2022, and was revoked on November 14, 2023. Respondent’s License record also reflects that there were two other open complaints and one prior complaint resulting in discipline 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.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence.
Respondent’s revoked license does not deprive Complainant of her right to prosecute her complaint or prevent the Registrar from determining the merits of the complaint.
“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 submitted a bid for Complainant’s project and did not perform the work in the bid. Respondent deposited Complainant’s $10,000.00 check and performed no work. Accordingly, Complainant established that Respondent abandoned the contract in violation of Ariz. Rev. Stat. § 32-1154(A)(1).
The evidence established that no written directive was issued. Respondent was neither put on notice nor required to perform corrective action pursuant to a written directive. Therefore, Complainant failed to establish 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. 342029.
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 6, 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]
Marshall's Interior Design LLC
[email redacted]
Grace Dubberly
[email redacted]
By: OAH Staff