ALJDEC - Licensing

2023A-14222-CHC-ROC · Registrar of Contractors · 2024-05-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael James Gesty,

COMPLAINANT,

v.

WELL HUNG DOORS AND TRIM, INC.

License No. ROC 337305,

RESPONDENT.

No. 2023A-14222-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 10, 2024

APPEARANCES: Complainant Michael James Gesty appeared on his own behalf. Respondent Well Hung Doors and Trim, Inc. did not appear. Arizona Registrar of Contractors Investigator Cliff Corlett appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of the Agency Record

FINDINGS OF FACT

Well Hung Doors and Trim, Inc. (“Respondent”) is the holder of License Number 337305 issued by the Arizona Registrar of Contractors (“Registrar”).

In January 2023, Michael James Gesty (“Complainant”) contracted with Respondent for Respondent to install interior and exterior doors, a barn door, door hardware, beams, shelving, baseboards, and to stain and lacquer baseboards, jambs, and interior doors. The contract price was $26,925.00.

On or about December 11, 2023, the Registrar received a Complaint against Respondent from Complainant alleging abandonment of the project.

The Registrar assigned the Complaint to Investigator Cliff Corlett. After a January 5, 2024 Jobsite Inspection, at which both parties were present, Investigator Corlett issued a Written Directive to Respondent dated January 29, 2024, 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 or before February 23, 2024.

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

Compliance Item: 1 - WE ASK THE R.O.C. FOR THERE ASSISTANCE TO COMPLETE CONTRACTED WORK THAT HAS BEEN 100% PAID.

ENCLOSED IS THE CONTRACT ALL PAYMENTS AS WELL AS REMAINING ITEMS WHICH WE HAVE TRYED NUMEROUS TIMES THE LAST 5 MONTHS TO COMPLETE, THESE ITEMS INCLUDE INSTALLATION OF THE FOLLOWING:

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 2 - #1 INSTALLATION AND STAINING OF ALL MOULDING IN GARAGE.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 3 - #2 INSTALLATION OF 2 BOX BEAMS IN CEILING

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 4 - #3 CORRECTLY STAINING VENT BOX AND INSTALLATION OF CROWN MOLDING AROUND BOX.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 5 - #4 FINISH CROWN MOLDING IN MASTER BEDROOM.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 6 - #5 STAIN MASTER BEDOOM EXTERIOR DOOR INSIDE AND OUT.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 7 - #6 COMPLETE BARN DOOR INSTALLATION.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 8 - COMPLETE BARN DOOR INSTALLATION.

#7 COMPLETE BASE BOARD CORNERS IN SEVERAL AREAS THROUGH OUT HOUSE

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

Compliance Item: 9 - #8 STABILIZE PANTRY SHELVES THAT ARE ON

THE VERG OF COLLAPSE.

Investigator’s Observation: This is a work in progress. Pantry shelves are breaking down. RESPONDENT SHOULD CORRECT BY APPROPRIATE

METHODS. Respondent should properly complete all contracted work.

Compliance Item: 10 - WE WOULD APPRECIATE HELP WITH THIS MATTER WE HAVE PAID OVER $28,00.00 AND WE WOULD LIKE TO HAVE OUR WORK COMPLETED OR A FULL REFUND.

Investigator’s Observation: This is a work in progress. Respondent should properly complete all contracted work.

All errors in original.

Following the expiration of the Written Directive, Investigator Corlett documented the following concerning Respondent’s lack of compliance with the Written Directive:

Compliance Jobsite General Notes: Complainant called 2-27-24 and stated Respondent had installed materials in garage until supply owner supplied materials ran out.

Remainder of 1/29/24 Written Directive have not been address at all. Respondent works full time job and has requested additional time to work on issues. A Pre-Hearing Inspection will be conducted if necessary.

Compliance Findings: RESPONDENT IS NOT IN COMPLIANCE.

Thereafter, Investigator Corlett forwarded the matter to the Registrar’s Legal Department. 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).

The Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

The hearing was scheduled to convene on May 10, 2024, at 9:00 a.m. On the date and at the time set for hearing, Complainant appeared on his own behalf. Investigator Corlett was present. Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator Corlett testified consistently with his findings contained in the Written Directive and the Compliance Jobsite Inspection Notes. Investigator Corlett further testified that Respondent’s license was suspended on April 1, 2024, for non-renewal.

Complainant testified that he agreed with Investigator Corlett’s findings and his testimony. Complainant further testified that Respondent’s principal is now working in California.

Administrative notice is taken of Respondent’s prior License record on May 22, 2024. Such prior License record reflects that Respondent’s License Number 337305 was first issued on March 23, 2022, and is currently suspended for non-renewal effective April 1, 2024. Such prior License record also reflects that there is only the instant open complaint, one resolved/settled complaint, and no discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

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 professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a).

The evidence established that Respondent did not complete the corrective work following the Written Directive being issued and that valid justification for such failure did not exist. 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).

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 337305 for a period of seven (7) days.

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 (30) 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, May 23, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Well Hung Doors and Trim, Inc.

[email redacted]

Michael James Gesty

[email redacted]

Cliff Corlett

Registrar of Contractors

[email redacted]

By: OAH Staff