ALJDEC - Licensing

2023A-12723-RFA-LS-ROC · Registrar of Contractors · 2025-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Amelia Alvarado,

COMPLAINANT,

v.

Fishbone LLC,

License No. ROC 339827,

RESPONDENT.

No. 2023A-12723-RFA-LS-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 3, 2025.

APPEARANCES: Assistant Attorney General Mona Baskin appeared for the Registrar of Contractors. Amelia and Raymond Alvarado appeared for Complainant. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

EXHIBITS ADMITTED INTO EVIDENCE: Department’s Exhibits. Complainant’s Exhibits.

_____________________________________________________________________

FINDINGS OF FACT

On or about August 26, 2024, Complainant filed a claim with the Residential Contractors’ Recovery Fund (the Fund) to recover the cost of completing or repairing the project at issue.

On January 8, 2025, the Registrar issued a Notice and Order of Recovery Fund Ineligibility, finding that the property subject to the underlying complaint process (Greer Property) was not Complainant’s primary residence. Specifically, the Greer Property mortgage had a second home rider, guaranteeing that property would only be used as a second home, and her other address (Mesa Property) was registered as a primary residence with Maricopa County.

Amelia and Raymond Alverado testified that they intended to live at the Greer Property as her primary residence. However, Mrs. Alverado’s mother had cancer, prohibiting them from making the move.

Complainant showed some documents to demonstrate her intent to make the Greer Property her primary residence. Complainant claimed to not understand the legal implications of the second home rider, stating she believed it only restricted Complainant from renting the property to others.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

A.R.S. § 32-1132(B) provides, in pertinent part, that only a homeowner who “[a]ctually occupies or intends to occupy the residential real property described in subdivision (a) of this paragraph as the individual's primary residence” is eligible for an award from the Fund.

Complainant bears the burden of proof to establish eligibility for an award from the Fund 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 Fund serves a limited purpose and only makes limited distributions to eligible individuals. The Fund is specifically for homes that individuals reside in or are imminently seeking to reside in; the Fund is not available for second homes, investment properties, or commercial properties. The Fund does not provide general restitution for actions taken by contractors, and individuals seeking general restitution may seek that restitution in superior court or by other appropriate means.

The preponderance of the evidence did not support that Complainant intends to make the Greer Property her primary residence. Complainant has taken some steps to demonstrate her intent to occupy the Greer Property as her primary residence at some point in the future. However, the preponderance of the evidence supports her intent to maintain the Mesa Property as her primary residence while Mrs. Alverado’s mother is ill. Furthermore, Complainant is unable to make the Greer Property her primary residence while her agreement with the mortgage company requires the Greer Property be a second home.

The preponderance of the evidence failed to establish that Complainant was improperly deemed ineligible.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Complainant’s appeal be dismissed.

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, June 17, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Fishbone LLC

[email redacted]

Amelia Alvarado

[email redacted]

Arizona Registrar of Contractors

[email redacted]

[email redacted]

By: OAH Staff