ALJDEC - Licensing

2023A-09388-CHC-ROC · Registrar of Contractors · 2024-02-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ryan Sieker,

COMPLAINANT

Jackson Builders Of Arizona LLC

License No. ROC 335718,

RESPONDENT

No. 2023A-09388-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 12, 2024

APPEARANCES: Complainant Ryan Sieker appeared and was represented by Marcus D. Tappe. Respondent Jackson Builders Of Arizona LLC did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice of Hearing Packet submitted by the Registrar of Contractors

_____________________________________________________________________

FINDINGS OF FACT

Jackson Builders Of Arizona LLC (Respondent) is the holder of License No. 335718 issued by the Arizona Registrar of Contractors (Registrar).

On or about September 15, 2021, Ryan Sieker (Complainant) entered into a contract with Respondent for a remodeling project.

On or about August 15, 2023, the Registrar received a Complaint against Respondent from Complainant alleging abandonment and poor work with respect to the project.

The Registrar assigned the complaint to Investigator Lisa Melton. After a jobsite inspection, Investigator Melton issued a written directive to Respondent that provided as follows:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on October 9, 2023.

Requests for extension to directive period must be received prior to the expiration date of the Directive.

. . . .

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Compliance Item 1: Electric to kitchen Island was run with a PVC pipe and is not to code. The floor needs to be trenched back up and the wiring needs to be replaced with proper wrapped conduit. ;

Investigator’s Observation: Work is not complete. Building Official has directed corrections. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 3: Load bearing beam was removed without permission and was replaced with a non-compliant beam. Beam needs to be removed and replaced with proper materials.;

. . . .

Compliance Item 4: Concrete footings for beams - 4 large exposed holes are in the home with rebar waiting to be poured with concrete pending city inspection.

. . . .

Compliance Item 5: Oversized instant electric water heater was installed - The whole electrical panel in the home is 125AMPS and the electric water heater that was installed was 125Amps by itself. ;

No electrical drawings were made for the city inspectors;

. . . .

Compliance Item 6: Did not finish counter top - temporary butcher block counter tops were put in but we agreed on stone materials. This has never been completed.;

Investigator’s Observation: Work is not complete. Butcher block is in place and slab has not been installed. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 7: Leaking plumbing in kitchen island - Kitchen island plumbing was poorly installed and continually sprays water under the sink.;

Investigator’s Observation: Work is not complete. Observed leaking at kitchen sink. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 8: Poor Craftsmanship on cabinet installation - cabinet doors are crooked, handles were mounted off center and crooked. ;

Investigator’s Observation: Cabinet installation is not complete. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator. (See JSI Photos #10)

. . . .

Compliance Item 9: Front Door Screen Door does not close all the way and is mounted very poorly;

Investigator’s Observation: Door is poorly installed and does not function. Work is not complete. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 10: Dirt piles outside and inside - Dirt piles were left outside the apartment for month causing HOA violations. Large dirt piles have been in the home for over a year and contractor will not clean them up.;

Investigator’s Observation: At the time of inspection the dirt from the exterior of the jobsite has been removed. There are numerous large piles of dirt remaining in the residence. Work is not complete. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 11: Abandonment - Jackson Builders is not responding to emails, or phone or text. This has been the case during the entire 2+ years. The house is a complete wreck and my poor mother has had to deal with it the entire time. She has hip surgery coming up and there are literally 4 foot deep holes in her floor and she has to navigate around this. The entire project has been abandoned by Stewart Jackson.;

Investigator’s Observation: Respondent did not appear for this inspection and has provided no response to the allegations of this complaint.

. . . .

Compliance Item 12: Flooring has been damaged and removed and not replaced;

Investigator’s Observation: New flooring has been damaged/is missing due to excavations and other work performed after installation. Work is not complete. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 13: Sink not installed - Kitchen sink has never been installed;

Investigator’s Observation: Sink is onsite but has not been installed. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

. . . .

Compliance Item 14: Drywall / Sheet Rock - There are many missing pieces of Drywall / Sheet Rock in the kitchen and ceilings that need to be repaired / replaced.;

Investigator’s Observation: Drywall is not complete. Respondent did not appear for this inspection. Respondent should complete their scope of work in accordance with their estimate, plans, specifications, manufacture recommendations, workmanship standards and building code. Respondent should comply with all requirements of the local building official and provide a copy of passed final inspection/Certificate of Occupancy for the project to the assigned Investigator.

Following the issuance of the written directive, Respondent did not contact Complainant regarding the written directive. After the deadline in the directive expired, Investigator Melton was notified no corrective work had been performed.

The Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(1); Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(B); 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 9:00 a.m. on January 12, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. A November 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 January 12, 2024.

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.

Investigator Melton testified that the time that had passed since the contract to the complaint and Respondent’s failure to appear at the jobsite inspection or perform any corrective work were indicative of Respondent’s abandonment of the project.

Administrative notice is taken of Respondent’s prior License record on February 1, 2024. Such prior License record reflects that Respondent’s License No. 335718 was first issued on November 29, 2021, and was suspended on December 28, 2023, for lack of bond. Such prior 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.

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 submitted a bid for Complainant’s project and did not complete the work in the bid. Accordingly, Complainant established that Respondent abandoned the contract and failed to complete the project in accordance with the applicable building codes in violation of Ariz. Rev. Stat. § 32-1154(A)(1) and Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(B).

The evidence established that Respondent did not attempt to complete the corrective work following the Directive being issued. Therefore, Complainant established 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 suspend Respondent’s License No. 335718 for a period of 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. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. § 32-1101(A)(5), 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 1, 2024.

/s/ Tammy L. Eigenheer

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Lisa Melton

[email redacted]

Jackson Builders Of Arizona LLC

[email redacted]

Marcus D. Tappe Esq.

Righi Fitch Law Group

[email redacted]

By: OAH Staff