ALJDEC - Licensing
2023A-11665-CHC-ROC · Registrar of Contractors · 2024-03-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Lindsay Mazzola,
COMPLAINANT
v.
RITE NOW CONSTRUCTION LLC
License No. ROC 328684,
RESPONDENT
No. 2023A-11665-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 26, 2024
APPEARANCES: Lindsay Mazzola appeared on her own behalf. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Amy M. Haley
EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice was taken of the Notice of Hearing packet and all of its documents contained therein.
_____________________________________________________________________
FINDINGS OF FACT
Rite Now Construction LLC (Respondent) is the holder of License No. 328684 issued by the Arizona Registrar of Contractors (Registrar).
On or about April 6, 2023, Lindsay Mazzola (Complainant) entered into a contract with Respondent for the renovation of her home.
On or about October 7, 2023, the Registrar received a Complaint against Respondent from Complainant alleging poor work and abandonment with respect to the project.
The Registrar assigned the Complaint to Investigator Steve Klein. After a jobsite inspection, Investigator Klein 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 December 20, 2023.
. . . . .
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
• Respondent shall complete project per original contract agreement, plans, specifications, properly executed change orders, verbal agreements, local building codes and manufacturer’s installation instructions.
. . . .
Complaint Item 6: Finish washer/dryer closet and run proper electrical vents/connections NOT GAS as mentioned multiple times and install clean-out access for ease of maintenance.
. . . .
Complaint Item 7: There is no ability to use my shower or tub. Finish master bath. Secure tub and install glass partition between tub and toilet as discussed (I have specific wants)
. . . .
Complaint Item 8: Complete all electrical (lighting, fans, cover plates).
. . . .
Complaint Item 10: Delete cabinets to left of sink. Replace with floating shelves that can hold at least 20 lbs.
. . . .
Complaint Item 11: Some island cabinets are warped and unlevel. Require replacement of bad cabinetry and repainting on island and other marred cabinets.
. . . .
Complaint Item 12: ALL cabinets need hardware.
. . . .
Complaint Item 13: Fix stairs (gaps and paint/gunk stains). There is also a missing riser that was replaced with the wrong material.
. . . .
Complaint Item 14: Missing wood blinds. (Thrown out for no reason)
. . . .
Complaint Item 16: Install backsplash as requested multiple times.
. . . .
Complaint Item 17: Air vents need grates/return installed and a thorough cleaning since they have been sitting open for MONTHS. A chiller/boiler system expert is required at this point.
. . . .
Complaint Item 18: The master bedroom is not cooling off comparatively to the other rooms.
. . . .
Complaint Item 19: Install transition strips and fix baseboard gaps throughout home.
. . . .
Complaint Item 20: Remove any paint stains on flooring
. . . .
Complaint Item 21: Wall mounts for TVs (Thrown out for no reason)
. . . .
Complaint Item 22: Patch and/or paint barn door holes and ceiling marks
. . . .
Complaint Item 23: Install closet doors
. . . .
Complaint Item 24: Install outdoor light fixtures
. . . .
Complaint Item 25: Install missing towel and toilet paper racks
. . . .
Complaint Item 26: CLEAN and haul away all construction materials
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Complaint Item 27: Hang mirror in half bath
. . . .
Complaint Item 28: Plumbing issues with laundry and bathrooms
. . . .
Complaint Item 30: The hood vent isn't connected properly.
. . . .
Complaint Item 31: The outdoor patio lights are not installed and there are live, uncapped wires exposed.
After the deadline in the directive expired, Investigator Klein received an email from Complainant stating no corrective work had been performed.
The Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A); 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 for February 26, 2024 at 9:00 a.m. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. An 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 February 26, 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 John Peru testified that the matter was assigned to Investigator Steve Klein on October 10, 2023 and a jobsite inspection was conducted on November 30, 2023.
Investigator Peru testified consistently with the written directive findings.
Investigator Peru further testified that no compliance jobsite inspection was conducted because Complainant had emailed Investigator Klein that no work had been completed.
Investigator Peru testified that Investigator Klein referred the matter to the Registrar’s legal department on December 21, 2023.
Investigator Peru further testified that he reviewed some correspondence sent from Respondent to Investigator Klein’s supervisor claiming denial of access. However, that correspondence was not sent until after the deadline in the written directive had expired. Investigator Peru testified that Investigator Klein’s supervisor responded that Complainant no longer had a duty to allow access after the written directive had expired.
Finally, Investigator Peru testified that because Respondent’s correspondence was sent after the written directive expired, Respondent showed no due diligence; therefore, had Investigator Peru been the original investigator assigned to the case, he also would have referred the matter to the legal department as Investigator Klein had done.
Complainant testified that she was a local realtor and had come to know Respondent from the different “fix and flips” and other renovation projects. She testified that the whole time she had been dealing with Respondent, she had been dealing with egregious lack of time management. Complainant further testified that she paid Respondent the full amount of money in hopes that, if money was what Respondent needed as motivation to complete the project, the project would finally get completed. It did not. Lastly she testified that she had received quotes from other contractors and that it was estimated at $20,000.00 to fix and finish all of the issues Respondent created.
Administrative notice is taken of Respondent’s prior License record on February 26, 2024. Such prior License record reflects that Respondent’s License No. 328684 was first issued on April 30, 2020, and is currently active. Such prior License record also reflects that there was one additional open complaint and no prior complaints against Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was 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’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).
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. 328684 for a period of 3 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)(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, March 4, 2024.
/s/ Amy M. Haley
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Lindsay Mazzola
[email redacted]
RITE NOW CONSTRUCTION LLC
[email redacted]
By: OAH Staff