ALJDEC - Licensing

2023A-08217-CHC-ROC · Registrar of Contractors · 2024-02-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Christina Gallaway

COMPLAINANT,

v.

J.G Home Remodeling and Renovations LLC

License No. ROC 341142,

RESPONDENT.

No. 2023A-08217-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 24, 2024

APPEARANCES: Complainant Christina Gallaway (Complainant) represented herself. No one appeared on behalf of Respondent J G Hone Remodeling and Renovations LLC (Respondent).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: Complainant’s Exhibit A

_____________________________________________________________________

FINDINGS OF FACT

1. On or about September 1, 2022, Respondent agreed to remodel Complainant’s home for the amount of $29,000.00.

2. Complainant paid Respondent $22,743.00 for the project.

3. Respondent did not provide Complainant with a written contract that advised Complainant of her right to file a complaint with the Arizona Registrar of Contractors (Registrar or ROC) against Respondent for an alleged violation of Ariz. Rev. Stat. section 32-1154(A) within the time allowed by Ariz. Rev. Stat. section 32-1155(A).

4. On or about September 19, 2022, Respondent started work.

5. On or about February 7, 2023, Respondent stopped work.

6. On or about July 24, 2023, Complainant filed a complaint against Respondent alleging poor workmanship.

7. On or about August 21, 2023, Registrar Investigator Mike Springer conducted an initial job-site inspection. Investigator Springer substantiated 16 complaint items.

8. On August 21, 2023, the Registrar issued a Directive to Respondent directing Respondent to correct the following complaint items, by appropriate means, no later than September 6, 2023.

Compliance Item: 1 - Tile shower water pan not installed properly, water leaks underneath new flooring causing mold, water damage/warping to newly installed floor wall & cabinet. Investigator’s Observation: Water damage to flooring. Shower is adjacent to this area. Water appears to be running under floor to this exit area. 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.

Compliance Item: 2 - Tile shower not square so newly installed floor unable to align correctly on bathroom floor causing water to leak into base boards.;

Investigator’s Observation: Tile floor in shower is not square. Tile is cut on an angle at back wall. Tile is also misaligned at border detail.

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.

Compliance Item: 4 - Master bathroom vanity not replaced according to contract

Investigator’s Observation: Original vanity is still in place. 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.

Compliance Item: 5 - Guest bathroom vanity not replaced according to contract

Investigator’s Observation: Original vanity is still in place. 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.

Compliance Item: 6 - Kitchen counter above dish machine not mounted, causing counter to rub against dish machine causing damage to top of machine.;

Investigator’s Observation: Countertop is not attached, can be picked

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.

Compliance Item: 7 - Kitchen counter not mounted to wall correctly by fridge causing counter to move and scratch wall Investigator’s Observation: Countertop is not attached, can be picked up.

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.

Compliance Item: 8 - Kitchen counter not mounted to wall and not sealed between sink and stove Investigator’s Observation: Countertop is not attached, can be picked up and has gap at seam.

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.

Compliance Item: 9 - Kitchen counter not cut to fit and not mounted correctly where it meets stove

Investigator’s Observation: Countertop is not attached. Countertop is short, large gap at stove edge. Cabinet top can be seen.

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.

Compliance Item: 10 - Multiple gouges in kitchen cabinets from screwdrivers when installed

Investigator’s Observation: All screws for under mounting of cabinets have gauges next to each screws.

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.

Compliance Item: 11 - Extra cutouts in microwave cabinet due to cabinet being installed upside down first time then turned over and cut out again for microwave electrical cord; Investigator’s Observation: Cabinet was cut then patched. repair is very visible.

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.

Compliance Item: 12 - Multiple nail holes visible in new kitchen cabinets

Investigator’s Observation: Nail holes in trim boards throughout kitchen have not been patched.

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.

Compliance Item: 13 - Kitchen island electrical outlet not able to use due to causing electrical issues elsewhere on property i.e., hot tub, rv parking. Electrical outlet on kitchen wall left hanging from wall, not secured.

Investigator’s Observation: Outlet on island is not functional. No permits were pulled. Permits need to be pulled and inspections for electrical and plumbing passed. 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.

Compliance Item: 14 - Gap between raised counter and wall Investigator’s Observation: Gap at North end of elevated bar top.

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.

Compliance Item: 15 - Working kitchen hood ventilation system was removed and not replaced, there is no oven ventilation system, oven vents into house creating smoke, heat, smell, and brown grease on the cabinet above the microwave.

Investigator’s Observation: No ventilation from cooktop. Hole in ceiling was covered with drywall. Existing vent cap is still installed on the roof.

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.

Compliance Item: 16 - This item added at inspection: Crack at underside of bar top right side.

Investigator’s Observation: Crack in caulking at underside of bar top, right side.

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.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 3 - Tile shower not square, tiles don't line up, visibly unappealing.;

Investigator’s Observation: Addressed in item 2

Governing Rule: N/A

Errors in original only.

9. Because Complaint was out of town, Investigator Springer extended the deadline for compliance under the Directive several times. However, Respondent failed to correct the Directive items.

10. On September 11, 2023, the Registrar issued a Citation against Respondent’s license alleging that Respondent had violated Ariz. Rev. Stat. sections 32-1154(A)(3), (12), and (22 Ariz. Rev. Stat. section 32-1154(A)(12); A.A.C. R4-9-108(A).

11. Respondent filed a timely answer to the Citation.

12. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.

13. A hearing was held on January 24, 2024.

14. At hearing, Complainant testified on behalf of herself. Investigator Springer testified regarding his investigation of the complaint. Investigator Springer testified consistently with his job-site inspection notes.

15. Complainant explained that Respondent performed poor work when it remodeled her home.

16. No one appeared on behalf of Respondent at the hearing on January 24, 2024. 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.

17. Pursuant to A.A.C. R4-9-117, administrative notice is taken of Respondent’s license history as shown on the Registrar’s public website on this date. Respondent’s license is active. and in good standing. One previous case has resulted in discipline.

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 the issues found

by Investigator Springer demonstrate that Respondent failed to perform 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).

7. The undisputed evidence established that the contract did not include a statement that the property owner has the right to file a written complaint with the Registrar for alleged violations of Ariz. Rev. Stat. section 32-1154(A).

8. The preponderance of the evidence shows that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(12), namely Ariz. Rev. Stat. section 32-1158(A).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend ROC License: No. 341142 held by J.G. Home Remodeling and Renovations LLC, for five 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, February 13, 2024.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Christina Gallaway

[email redacted]

J.G Home Remodeling and Renovations LLC

[email redacted]

By: OAH Staff