ALJDEC - Licensing

2023A-09584-CHC-ROC · Registrar of Contractors · 2024-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Dennise Molen

COMPLAINANT,

v.

TRG Custom Builders LLC

License No. ROC 330349,

RESPONDENT.

No. 2023A-09584-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 6, 2024

APPEARANCES: Complainant Dennise Molen (Complainant) represented herself. No one appeared on behalf of Respondent TRG Custom Builders LLC (Respondent).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: Exhibit A.

_____________________________________________________________________

FINDINGS OF FACT

1. On or August 16, 2022, Respondent agreed to remodel Complainant’s home for the amount of $132,288.00.

2. Complainant paid Respondent $122,000.00 pursuant to their agreement.

3. Respondent did not provide Complainant with a written contract for the work.

4. On or about September 8, 2022, Respondent started work.

5. On August 16, 2023, Respondent stopped work.

6. Complainant filed a complaint with the Arizona Registrar of Contractors (Registrar) alleging poor workmanship on the part of Respondent.

7. On October 10, 2023, Registrar Investigator Mike Springer conducted a job-site inspection.

8. On October 16, 2023, the Registrar issued a Directive to Respondent directing Respondent to correct 18 complaint items, by appropriate means, no later than November 1, 2023.

9. Respondent failed to comply with the Directive by November 1, 2023.

10. On or about September 4, 2020, the Registrar issued a Citation against Respondent’s license. Through the Citation, the Registrar alleged that Respondent may have violated Ariz. Rev. Stat. section 32-1154(A)(3) Namely A.A.C. R4-9-108(a); Ariz. Rev. Stat. § 32-1154(A)(12) - Ariz. Rev. Stat. § 32-1158; Ariz. Rev. Stat. § 32-1158; Ariz. Rev. Stat. section 32-1154(A)(22).

11. Respondent filed a timely answer to the Citation.

12. A hearing was held on February 6, 2023.

13. At hearing, Complainant explained that Respondent performed poor work and failed to complete the construction project.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 32-1101 et seq.

Complainant bears the burden of proof to establish Respondent’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “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)

The preponderance of the evidence shows that Respondent did not perform

the work in a professional and workmanlike manner in violation of A.A.C. R4-9-108, and thereby of A.R.S. § 32-1154(A)(3).

4. The undisputed evidence established that Respondent failed to provide Complainant with a written contract for the construction work, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(12) and Ariz. Rev. Stat. section 32-1158.

5. The preponderance of the evidence shows that Respondent failed to comply with 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 License No. ROC 330349, held by TRG Custom Builders 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 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. section 32-1101(A)(7), unless Respondent tenders payment of any outstanding prior civil penalty.

It is further recommended that within thirty days of the effective date of the final order, Respondent shall provide to the Registrar copies of a written contract that complies with the requirements of Ariz. Rev. Stat. § 32-1158(B). If Respondent fails to provide proof that it has created such a contract, it is recommended that Respondent’s license be suspended for five days.

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 26, 2024.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Dennise Molen

[email redacted]

TRG Custom Builders LLC

[email redacted]

By: OAH Staff