ALJDEC - Licensing
2023A-09700-NPC-ROC · Registrar of Contractors · 2023-12-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
3 C's Plumbing LLC,
COMPLAINANT
v.
Intense Remodel LLC
License No. ROC 306688,
RESPONDENT
No. 2023A-09700-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 15, 2023
APPEARANCES: Phillip Rogers, owner, appeared on behalf of 3 C’s Plumbing LLC. Shane Culbert, CEO, appeared on behalf of Intense Remodel LLC.
ADMINISTRATIVE LAW JUDGE: Amy M. Haley
_____________________________________________________________________
FINDINGS OF FACT
Intense Remodel LLC (Respondent) is the holder of License No. 306688 issued by the Registrar of Contractors (Registrar).
On or about August 21, 2023, 3 C’s Plumbing LLC (Complainant) filed a complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,020.00 for bathroom remodeling services.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation alleging a possible violation of Ariz. Rev. Stat. § 32-1154(A)(10).
Phillip Rogers testified that the total due to Complainant was $4,020.00. Mr. Rogers testified that he and Shane Culbert had a verbal agreement to remodel the subject bathroom, but was unable to state specifics about that conversation beyond the work to be completed, to include the agreed upon price.
Mr. Rogers also testified that the work was completed on or by June 5, 2023 (the date of the invoice), but may have also been completed at least 30 days prior to that date. Mr. Rogers testified that he emailed the invoice (Exhibit 1) to Respondent several times, the last time being on June 5, 2023, but did not provide proof of the emailing and was unable to provide even the an email address to which the invoice was emailed.
Shane Culbert testified that Complainant and Respondent had a verbal agreement to remodel the bathroom in the subject home for $1,200.00 and did not dispute this amount as still being owed. Mr. Culbert further testified that, after the project was completed, Complainant was fired. Complainant subsequently blocked Mr. Culbert’s phone number and he did not have an address, and therefore payment is still owing. Mr. Culbert testified that he had never received any emails with invoices from Complainant and the first time he saw the invoice was when he received the Notice of Hearing from the Registrar.
Glen Ormispon, a witness for Complainant, testified. Mr. Ormispon owns the home where the bathroom remodel was completed. Mr. Ormispon testified that the remodel was complicated and that the plumbing work in the bathroom was not completed until around September. Although Mr. Ormispon could not be sure about that exact time frame, he did recall it was not completed by summertime as Complainant had indicated. Mr. Ormispon further testified that he had paid Respondent’s invoices for work completed.
Respondent did not assert that it lacked the capacity to pay the amount Complainant asserted was due.
CONCLUSIONS OF LAW
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.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.”
Ariz. Rev. Stat. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license,
[f]ailure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.
The evidence established that Respondent owed a total of $1,200.00 for the bathroom remodel. While Complainant claimed that $4,020.00 was due, Complainant was unable to establish by a preponderance of the evidence that $4,020.00 was, in fact, the amount that was due for materials and services rendered.
Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.
Respondent did not dispute that it owed Complainant $1,200.00 for materials and services rendered.
Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $1,200.00 for services or materials rendered in connection with Respondent’s contracting business.
Based upon Respondent’s violation of the provisions of Ariz. Rev. Stat. § 32-1154(A)(10), grounds exist to impose discipline against Respondent’s license
RECOMMENDed order
Based on the foregoing, it is recommended that the Registrar suspend Intense Remodel LLC’s License No. 306688 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $1,200.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $1,200.00 in certified funds, the Registrar may close the Complaint in Case No. 2023-09700.
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 1, 2023.
/s/ Amy M. Haley
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Intense Remodel LLC
5357 S Archer
Mesa, AZ 85212
[email redacted]
3 C's Plumbing LLC
5138 S Curie Way
Mesa, AZ 85212
[email redacted]
By: OAH Staff