ALJDEC - Licensing
2023A-11943-CHC-ROC · Registrar of Contractors · 2024-03-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
April Lopez
COMPLAINANT,
v.
Bjelde Construction LLC
License No. ROC 260364,
RESPONDENT.
No. 2023A-11943-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 8, 2024
APPEARANCES: Complainant April Lopez (Complainant) represented herself. Lyle Nils Bjelde represented Bjelde Construction LLC (Respondent).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: None.
_____________________________________________________________________
FINDINGS OF FACT
1. Respondent holds license number 2603647 issued by the Registrar of Contractors (Registrar).
2. Lyle Nils Bjelde is Respondent’s qualifying party.
3. On or about December 21, 2020, Respondent agreed to remodel Complainant’s home for $90,096.00.
4. Complainant paid Respondent $85,638.00 pursuant to the contract.
5. On August 2, 2021, Respondent started work on home.
6. On July 3, 2023, Respondent stopped work.
7. On or about October 16, 2023, Complainant filed a complaint with the Registrar alleging abandonment and poor work on the part of Respondent.
8. On or about November 15, 2023, Registrar Investigator Doug Barrett conducted a job-site inspection.
9. On November 15, 2023, Investigator Barrett issued a Directive against Respondent’s license. Through the Directive, the Registrar directed Respondent to correct complaint items 1 through 6 by appropriate means, no later than December 13, 2023.
10. Respondent failed to comply with the Directive by December 13, 2023.
12. On December 21, 2023, the Registrar issued a Citation against Respondent’s license. Through the Citation, the Registrar alleges that Respondent may have violated Ariz. Rev. Stat. section 32-1154(A)(3)(specifically, Ariz. Admin. Code section R4-9-108(A); and Ariz. Rev. Stat. section 32-1154(A)(22). The Citation shows that if the Administrative Law Judge finds that the alleged charges are valid, the Registrar may suspend or revoke the license of Respondent.
13. Respondent filed a timely answer to the Citation.
14. The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing.
15. On January 26, 2024, the Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on March 8, 2024, by the OAH in Phoenix, Arizona.
16. A hearing was held on March 8, 2024.
17. Complainant testified on behalf of herself. Investigator Barrett testified consistently with his job site investigation notes. Mr. Bjelde testified on behalf of Respondent.
18. Complainant explained that Respondent performed poor work and did not finish the project. Mr. Bjelde did not dispute the findings of Investigator Barrett.
19. Administrative notice is taken of Respondent’s prior License record as
reflected on the Registrar’s public website on March 28, 2024. Such prior License record reflects that Respondent’s License No. ROC 260364 was issued on December 31, 2009 and is currently revoked. Such prior License record shows that there are eleven open complaints against Respondent’s license. Such prior License record shows that twelve complaints have resulted in discipline against Respondent. Such prior License record also reflects that two complaints against Respondent’s license were resolved/settled/withdrawn.
20. Respondent’s disciplinary history is considered an aggravating factor in the imposition of discipline.
CONCLUSIONS OF LAW
The Registrar has jurisdiction over this matter, pursuant to Ariz. Rev. Stat. section 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of Ariz. Rev. Stat. section 32-1154.
To warrant such sanctions by the Registrar, Complainant must demonstrate by a preponderance of the evidence that Respondent violated the statutory section cited. Proof by a “preponderance” means that “the evidence is sufficient to persuade the finder of fact that the proposition is more likely true than not.” In re: Arnold and Baker Farms, 177 B.R. 648 (9th Cir. BAP (Ariz.) 1994). See also Culpepper v. State of Arizona, 187 Ariz. 431, 930 P.2d 508 (App. 1996). It is “evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (Rev. 6th ed. 1990).
The revoked status of Respondent’s license does not deprive
Complainant of her right to prosecute her complaint against Respondent or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.
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 did not comply with the Registrar’s workmanship standards. The preponderance of the evidence shows that Respondent did not perform the work in a professional and workmanlike manner, which is a violation of A.A.C. R4-9-108(A), and thereby of Ariz. Rev. Stat. section 32-1154(A)(3).
6. The preponderance of the evidence shows that Respondent failed to comply with the 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 in this matter, License No. ROC 260364 of Bjelde Construction LLC shall be revoked.
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).
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 28, 2024.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
April Lopez
[email redacted]
Doug Barrett
[email redacted]
Bjelde Construction LLC
[email redacted]
By: OAH Staff