ALJDEC - Licensing

2024A-03398-CHC-ROC · Registrar of Contractors · 2024-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Angela Chango

COMPLAINANT,

v.

Superior Contracting Services LLC

License No. ROC 332113,

RESPONDENT.

No. 2024A-03398-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 25, 2024

APPEARANCES: Angela Chango (Complainant) represented herself. No one appeared on behalf of Superior Contracting Services, LLC (Respondent).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

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FINDINGS OF FACT

1. Respondent holds license number 332113 issued by the Arizona Registrar of Contractors (Registrar or ROC.)

2. Respondent’s address of record is 2949 Ned Ct Apt A Prescott Valley, AZ 86314.

3. Alfredo Guerra is the qualifying party for Respondent.

4. On or about December 1, 2023, Respondent agreed to remodel Complainant’s home for the amount of $22.850.00.

5. Complainant paid Respondent $22,000 pursuant to the contract.

6. On or about December 1, 2023, Respondent started work.

7. On or about January 24, 2024, Respondent stopped work and never returned to the project.

8. On or about March 22, 2024, the Registrar received a complaint from Complainant alleging abandonment on the part of Respondent.

9. The Registrar assigned the complaint to one of its investigators, Daniel Otero (Investigator Otero).

10. On or about April 15, 2024, Investigator Otero conducted a job-site inspection and discovered that several items related to the step handrail, the porch roof, skirting, the deck landing, the pier footings, and demolition material on the property, failed to meet minimum workmanship standards.

11. On April 17, 2024, the Registrar issued a Directive to Respondent directing Respondent to correct the following complaint items, by appropriate means, no later than 5:00 p.m. on May 6, 2024:

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Compliance Item: - Step handrail not secure

Investigator’s Observation: Verified, At the time of my inspection it was demonstrated and I demonstrated it for myself. The rail was attached to the deck but not stable at all.The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Porch roof not square, over one inch gap showing, Investigator’s Observation: Verified, At the time of my inspection I observed the deck is not square with the house leaving at least a 1" gap from one end of the patio to the other. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Porch roof leaking down window and wall

Investigator’s Observation: Verified. At the time of my inspection there was water marks over the window directly below the area of the patio that has the largest gap and where the roofing shingles/rolled roofing is not adhered properly. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Demolition material that was burned on our property needs to be hauled away, also demolition material pile not burned needs to be hauled away.

Investigator’s Observation: Verified. At the time of my inspection it appeared to be an ash pile of fiberglass and metal from jobsite materials that were attempted to be burned to get rid of to eliminate hauling away. There was also a small pile of materials that did not make it into the fire before it was extinguished. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Skirting not complete

Investigator’s Observation: Verified. At the time of my inspection I seen there was trim for the skirting missing in the Northeast corner of the house and under the deck on the East side. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Both stairways require a concrete landing

Investigator’s Observation: Verified. At the time of my inspection there was no proper landing coming off of the deck. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Concrete pillars supporting deck and porch need to be below the frost line which in Ash fork is 18 inches.

Investigator’s Observation: Verified. At the time of the inspection the Complainant demonstrated to me there was loose and unstable ground under the pier footings. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: - Porch rolled roof not secure

Investigator’s Observation: Verified. At the time of my inspection the shingle to rolled roof transition has not been properly executed. There is broken shingles and no sealant marrying the two products. The Respondent will need to correct this by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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12. Respondent failed to correct the items listed in the Directive.

13. On May 13, 2024, the Registrar issued a Citation against Respondent’s

license. Through the Citation, the Registrar alleged that Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(1), (3), and (22); Arizona Administrative Code (A.A.C.) R4-9-108(A). The Registrar sent the Citation to Respondent at its address of record.

14. Mr. Guerra filed an answer to the Citation on behalf of Respondent.

The answer provided, in relevant part, as follows:

Good evening. My name is Alfredo Guerra, owner of superior contracting services in Prescott, Az. I am aware of this matter. I just haven't had the opportunity to make it back to the job site and get these issues resolved. In the last two months I have had a lot going on. I recently moved to a new home. I had to work on my old home in order to get my deposit back and finish up other jobs I had already started and needed to complete. I am not trying to avoid doing the work for Angela but it's been more of a time issue especially since the job is a little more than an hour away. I ask that you give me a little more time to get this figured out. Again, I want to make things right and get back out and fix what needs to be done.Right now the earliest time I could be out there would be mid june. Currently going through some other legal issues as well so I would need to figure that out as well so that it doesn't interfere with this.

Thanks,

Alfredo Guerra

15. The Registrar referred the matter to the Office of Administrative Hearings (OAH), an independent state agency, for an evidentiary hearing

16. On June 10, 2024, the Registrar issued a Notice of Hearing, setting a hearing before OAH on July 25, 2024, at 9:00 a.m. The Registrar sent the Notice of Hearing to Respondent at its address of record.

17. A hearing was held on July 25, 2024. Complainant testified on her own behalf. Complainant explained that Respondent performed poor work and failed to complete the project. Investigator Otero testified regarding the inspection of his complaint.

18. Respondent did not request to appear telephonically and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed fifteen minutes to allow Respondent additional travel time, Respondent did not appear, through an authorized officer, employee, or attorney, and did not contact OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence to defend its license.

19. Administrative notice is taken of Respondent’s prior License record on August 14, 2024. Such prior License record reflects that Respondent’s License No. 332113 was first issued on February 1, 2021, and is current. Such prior License record also reflects that there were no other open or prior complaints against Respondent’s license.

CONCLUSIONS OF LAW

The Registrar has jurisdiction over this matter, pursuant to A.R.S. § 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of A.R.S. § 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 Administrative Law Judge may consider Registrar’s administrative

record. See Ariz. Admin. Code § R4-9-118.

The preponderance of the evidence shows that Respondent abandoned the

project, which is a violation of A.R.S. § 32-1154(A)(1).

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 in violation of A.A.C. R4-9-108(A), and thereby of A.R.S. § 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 A.R.S. § 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 332113 of Superior Contracting Services LLC

shall be suspended 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 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 days following the effective date of the Registrar’s 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, August 14, 2024.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Angela Chango

[email redacted]

Superior Contracting Services LLC

[email redacted]

By: OAH Staff