ALJDEC - Licensing
2023A-11760-CHC-ROC · Registrar of Contractors · 2024-03-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Kim Hohol
COMPLAINANT,
v.
Home Solutionz LLC
License No. ROC 317500,
RESPONDENT.
No. 2023A-11760-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 26, 2024
APPEARANCES: Complainant Kim Hohol (Complainant) represented herself. Joseph Darger represented Respondent Home Solutionz LLC (Respondent).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: None.
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FINDINGS OF FACT
1. Respondent holds license number 317500 issued by the Registrar of Contractors (Registrar).
2. On or about April 17, 2023, Complainant and Respondent entered into a residential construction contract for the amount of $32,000.
3. Complainant paid Respondent $32,000 under the contract.
4. On or about April 17, 2023, Respondent started work.
5. On or about May 17, 2023, Respondent stopped work.
6. On or about October 13, 2023, Complainant filed a complaint with the Registrar alleging poor workmanship on the part of Respondent.
7. On or about November 9, 2023, Registrar Investigator Doug Barrett conducted a job-site inspection.
8. On or about November 9, 2023, the Registrar issued a Directive to Respondent. The November 9, 2023 Directive provided, in relevant part, as follows:
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Dear Respondent:
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 8, 2023.
RESTRICTIONS
• You may not perform or hire other contractors to perform work that is outside the scope of your license.
• If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the
suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 – Grout discoloration and excessive grout buildup.
Investigator’s Observation: Verified. I observed the downstairs and upstairs tile flooring and tile baseboards. There were several variants in grout color and thickness throughout the entire home, both on the flooring and baseboards. I observed a thick, inconsistent, layer of grout on the top of all of the baseboards throughout the home, which is typically caulked. I observed holes and/or tile spacers in the grout in the office by the closet door, in the master bedroom next to the bed, and in the middle of the upstairs landing. I observed missing tile baseboards at the bottom stair rail that came unattached. The Complainant stated the Respondent agreed to correct these items but they lost communication. Contractor should correct the grout and baseboard(s) throughout by appropriate means.
Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108.
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9. Respondent did not correct the Directive items by December 8, 2023.
10. On or about December 12, 2023, the Registrar issued a Citation against Respondent’s license. Through the Citation, the Registrar alleged that Respondent may have violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(3) and (22); namely A.A.C. R4-9-108(A).
11. Respondent filed a timely answer to the Citation.
12. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
13. A hearing was held on February 26, 2023.
14. At hearing, Ms. Hohol testified on behalf of herself. Investigator Barrett testified regarding his investigation of the complaint and the issuance of the Directive. Joseph Darger, (Respondent’s qualifying party), testified on behalf of Respondent.
15. Ms. Hohol explained that Respondent performed poor work under the construction contract. Investigator Barrett testified consistently with his job-site inspection notes. Mr. Darger stated that Respondent is bankrupt.
16. Administrative notice is taken of Respondent’s prior License record on March 18, 2024. Such prior License record reflects that License No. 317500 was first issued to Respondent on January 23, 2018, and is suspended. Such prior License record also shows that are two open complaints against Respondent’s license and one complaint was resolved or settled by Respondent.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 32-1101 et seq.
The suspended status of Respondent’s license does not deprive Complainant of his right to prosecute the Complaint or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.
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)
4. The Administrative Law Judge may consider Registrar’s administrative
record. See ARIZ. ADMIN. CODE § R4-9-118.
5. The preponderance of the evidence shows that Respondent’s work failed
to meet minimum workmanship standards, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
6. The preponderance of the evidence shows that Respondent failed to correct the Directive items 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 Respondent’s license number 317500 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. sections 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 18, 2024.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Home Solutionz LLC
[email redacted]
Kim Hohol
[email redacted]
By: OAH Staff