ALJDEC - Licensing

2023A-09944-CHC-ROC · Registrar of Contractors · 2024-04-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Maria Salazar,

COMPLAINANT

v.

Longboard Home Services LLC

License No. ROC 325942,

RESPONDENT

No. 2023A-09944-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 27, 2024

APPEARANCES: Complainant Maria Salazar appeared via Google Meet on her own behalf. Investigator John Chester appeared via Google Meet on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE:

_____________________________________________________________________

FINDINGS OF FACT

Longboard Home Services LLC. (Respondent) is the holder of License No. 325942 issued by the Arizona Registrar of Contractors (Registrar).

On or about September 30, 2022, Maria Salazar (Complainant) purchased a new home in Surprise, Arizona for $585,000.00.

On or about August 24, 2023, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.

The Registrar assigned the complaint to Investigator John “Joey” Chester. The jobsite inspection was performed on September 13, 2023.

Investigator Chester then issued a written directive on or about September 19, 2023, 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 13, 2023.

. . .

DIRECTIVE REQUIREMENTS

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

Complaint Item 1: Scuffed cabinet missing handle screws- Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 2: Pantry door cracked, door not shimmed right, hard to open - Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: Dishwasher not complete, only 2 screws holding it in place – Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 4: Sheet rock work behind refrigerator not complete- kitchen

Investigator’s Observation: At time of inspection the water valve plate had not been installed, The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 5: Grouting around all countertops not completed. - Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 6: Grouting on tile floor - substandard Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 7: Hollow tiles –Kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 8: Backsplash/ sink needs grout -kitchen

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 9: Hollow tiles, tiles popping up -Living room

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 10: Grouting of floor is substandard - Living room

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 15: Grouting in bathroom substandard- Living room area.

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 16: Cracked door -Den

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 17: Address not on residence

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 18: Front door cracked, missing screws

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 20: Cracked Closet doors Daughters bedroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 22: Missing baseboard behind door -Daughters room

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 23: Cracked door - Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 26: Paint drips on door_ Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 27: Sheetrock exposed behind door frame -Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 28: Sheetrock cracked - walls -Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 29: Grouting on tile around tub Substandard - Jack and Jill

bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 30: Toilet is loose - Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 31: Tub gets clogged -Jack and Jill bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 35: Cracked closet doors -second bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 37: Sheetrock work behind dryer (cutout substandard -laundry

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 41: Tile grout - substandard -Master bedroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 42: Sheetrock work under towel rack substandard - Master

bathroom

Investigator’s Observation: Verified, nail sticking out of drywall. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 43: Shower get clogged - Master bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 44: Toilet loose -Master bathroom

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 45: Door threshold is substandard – Garage

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 46: Electrical caps missing – Garage

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 47: Sheetrock work substandard - Garage

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 50: Master bedroom patio has cracked pavers

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 51: Rain cap missing from vent on the back of the house

Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means.

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards....

(All errors contained in the original)

On November 13, 2023, a Compliance Jobsite Inspection was performed. In his notes regarding the same, Investigator Chester found the following:

Compliance Findings:

Complaint Item 1: Scuffed cabinet missing handle screws- Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 2: Pantry door cracked, door not shimmed right, hard to open -Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 3: Dishwasher not complete, only 2 screws holding it in place – Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 4: Sheet rock work behind refrigerator not complete- kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 5: Grouting around all countertops not completed. - Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 6: Grouting on tile floor - substandard Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 7: Hollow tiles –Kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 8: Backsplash/ sink needs grout -kitchen

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 9: Hollow tiles, tiles popping up -Living room

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 10: Grouting of floor is substandard - Living room

Investigator’s Observation: At time of inspection, grout had been repaired with different color grout and crackling where applied, respondent will need to fix by appropriate means

Complaint Item 15: Grouting in bathroom substandard- Living room area.

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 16: Cracked door -Den

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 17: Address not on residence

Investigator’s Observation: Address had been put on by homeowner

Complaint Item 18: Front door cracked, missing screws

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 20: Cracked Closet doors Daughters bedroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 22: Missing baseboard behind door -Daughters room

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 23: Cracked door - Jack and Jill bathroom

Investigator’s Observation: At time of inspection, grout had been repaired with different color grout and still missing grout along baseboards, respondent will need to fix by appropriate means.

Complaint Item 26: Paint drips on door_ Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 27: Sheetrock exposed behind door frame -Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 28: Sheetrock cracked - walls -Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 29: Grouting on tile around tub Substandard - Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 30: Toilet is loose - Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 31: Tub gets clogged -Jack and Jill bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 35: Cracked closet doors -second bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 37: Sheetrock work behind dryer (cutout substandard -laundry

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 41: Tile grout - substandard -Master bedroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 42: Sheetrock work under towel rack substandard - Master bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 43: Shower get clogged - Master bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 44: Toilet loose -Master bathroom

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 45: Door threshold is substandard – Garage

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 46: Electrical caps missing – Garage

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 47: Sheetrock work substandard - Garage

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 50: Master bedroom patio has cracked pavers

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

Complaint Item 51: Rain cap missing from vent on the back of the house

Investigator’s Observation: At time of inspection, the complaint item was not yet corrected.

November 16, 2023, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), and A.R.S. § 32-1154(A)(22).

On or about November 29, 2023, Respondent e-mailed an Answer to the Registrar.

On or about December 12, 2023, a Notice of Hearing was issued setting a hearing on January 29, 2024 at the Office of Administrative Hearings, an independent state agency.

After a continuance, a hearing was held on March 27, 2024.

At hearing, Investigator Chester testified as to the Registrar’s involvement and the above timeline.

Investigator Chester testified that Respondent appeared at the Jobsite Inspection.

Further, Investigator Chester testified that only two repairs were attempted, namely, numbers 10 and 23. However, as to item 10, the grout was the incorrect color.

As to number 23, the grout was repaired too with the incorrect color, and there was missing grout along the baseboards.

Finally, Investigator Chester testified that Respondent never requested an extension to complete the directive.

Maria Salazar testified on her own behalf. She testified that Respondent was not showing up to make the repairs, and that she provided a list to Respondent once she moved in, so she believed that enough time was given to Respondent to make the repairs.

Finally, Mrs. Salazar testified that based upon Respondent’s inactions, she believed that its license should be revoked.

The tribunal also notes that both the December 12, 2023 Notice of Hearing from the Registrar and the Order from OAH that same date were sent to Respondent at his address of record. Further, the Minute Entry Granting a Continuance was sent on January 19, 2024 to Respondent at his address of record.

Although the start of the hearing was delayed approximately 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Further, Respondent did not request that the hearing be continued. Consequently, Respondent did not present any evidence to defend its license.

Administrative notice was taken of Respondent’s prior License record on April 11, 2024. Such prior License record reflected that Respondent’s License No. 325942 was first issued on August 23, 2019, and reflected that there was one open case, namely the present complaint, and one resolved/settled case.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano 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 established that Respondent’s work was not in conformity with the Registrar’s standards. There were 34 complaint items which were found to be not in workmanship standards. Further, no evidence was provided to rebut Investigator Chester’s findings. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The evidence established Respondent failed to complete the corrective work following the Directive being issued. Investigator Chester testified that only two items were attempted to be fixed, and they were incorrect. Also, per Complainant’s testimony, she corrected the missing address numbers. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).

As to Complainant’s request for revocation of Respondent’s license, the tribunal is concerned that the lack of meaningful effort on the repairs is very troubling for any future projects in which Respondent may be involved. Further, the failure of Respondent to appear at the hearing further shows his disregard for the regulations of the Registrar.

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. 325942.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 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 A.R.S. § 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, April 11, 2024.

/s/ Adam D. Stone

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Longboard Home Services LLC

[email redacted]

Maria Salazar

[email redacted]

By: OAH Staff