ALJDEC - Licensing
2024A-03429-CHC-ROC · Registrar of Contractors · 2024-07-26
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Yvonne Belson,
COMPLAINANT
v.
Humble Connections Electric LLC
License No. ROC 348971,
RESPONDENT
No. 2024A-03429-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 11, 2024
APPEARANCES: Complainant Yvonne Belson appeared telephonically on her own behalf. Registrar of Contractors Investigator John Smith appeared via Google Meet.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE: Complainant’s Exhibit 1 was admitted into evidence.
_____________________________________________________________________
FINDINGS OF FACT
Humble Connections Electric LLC. (Respondent) is the holder of License No. 348971 issued by the Arizona Registrar of Contractors (Registrar).
On or about February 19, 2024, Yvonne Belson (Complainant) agreed to have Respondent perform electrical work at her home in Tucson, Arizona, after an electrical fire occurred. The contracted amount was $3,300.00, and Complainant paid the same.
On or about March 22, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.
The Registrar assigned the complaint to Investigator John Smith. The jobsite inspection was performed on March 29, 2024, at which time Complainant requested an addendum to her Complaint. A second jobsite inspection was performed on April 3, 2024.
Investigator Smith then issued a Written Directive on or about April 3, 2024, that provided in pertinent part 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 Friday, April 19, 2024.
. . .
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item 7: “...outlet in my backyard that had power previously, is not working at all...Since Charlie put a plate on it, there is no electricity working in it...”
Investigator’s Observations: Verified.
The receptacle on the back exterior side of the house, near the stairs, has no power.
The respondent’s scope of work includes, (as specified on a 2/23/2024 invoice from the respondent):
• “Besides replacing damaged wire, every single outlet, switch, and junction box was inspected and fixed were needed”
Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 8: “In the bathroom this morning we had Sparks, then the light bulb went out...I change the light bulb and it's not working. There is no electric in the bathroom now...”
Investigator’s Observations: Verified.
In the bathroom, there is no power to the switches, receptacle, light fixture, and exhaust fan.
The respondent’s scope of work includes, (as specified on a 2/23/2024 invoice from the respondent):
• “Besides replacing damaged wire, every single outlet, switch, and junction box was inspected and fixed were needed”
Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 12: “Electrical outlet in the backyard is not working and it was before he put a plate on it. Needs to be fixed. He was notified.”
Investigator’s Observations: Verified.
The receptacle on the back exterior side of the house, near the stairs, has no power.
The respondent’s scope of work includes, (as specified on a 2/23/2024 invoice from the respondent):
• “Besides replacing damaged wire, every single outlet, switch, and junction box was inspected and fixed were needed”
Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.
Complaint Item 13: “The electrical outlet in the backyard is not working since Charlie worked on it. Was working before the fire.”
Investigator’s Observations: Verified.
The receptacle on the back exterior side of the house, near the stairs, has no power.
The respondent’s scope of work includes, (as specified on a 2/23/2024 invoice from the respondent):
• “Besides replacing damaged wire, every single outlet, switch, and junction box was inspected and fixed were needed”
Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner...
(All errors contained in the original)
On May 3, 2024, 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).
On or about May 10, 2024, Respondent e-mailed an Answer to the Registrar.
On or about May 31, 2024, a Notice of Hearing was issued setting a hearing on July 11, 2024, at the Office of Administrative Hearings, an independent state agency. A copy of the Notice of Hearing was mailed and e-mailed to Respondent’s addresses of record.
On June 4, 2024, an Order Regarding Hearing was entered containing the Google Meet information, and was emailed to all parties.
At hearing, Investigator Smith testified as to the Registrar’s involvement and the above timeline.
Investigator Smith testified that when scheduling both jobsite inspections he confirmed the dates and times with the parties. Investigator Smith testified however, that Respondent contacted him the day before the second inspection and informed him that Respondent would not be attending. Investigator Smith also testified that there was no record of denial of access to the project.
Complainant testified that she had never been through a situation like this as she was without electricity for a month.
Further, Complainant testified that she made the down payment as requested and even paid the full balance before the work was completed because Respondent stated that he needed the money.
Finally, Complainant testified that it was no surprise that Respondent did not appear for the hearing, because he just disappears.
Although the start of the hearing was delayed approximately 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Further, Respondent did not request that the hearing be continued. Consequently, Respondent did not present any evidence to defend its license.
Administrative notice was taken of Respondent’s prior License record on July 26, 2024 Such prior License record reflected that Respondent’s License No. 348971 was first issued on December 5, 2023, and reflected that there was one open case, namely the present complaint and one ”resolved/settled case”.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano 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).
The preponderance of the evidence established that Respondent’s work was not in conformity with the Registrar’s standards. There was no electricity in the backyard outlets, and there was no electricity in the bathroom. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).
The evidence established Respondent failed to complete the corrective work following the Directive being issued. 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 No. 348971 for a period of 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 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, July 26, 2024.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Yvonne Belson
[email redacted]
Humble Connections Electric LLC
[email redacted]
By: OAH Staff