ALJDEC - Licensing

2024A-05426-CHC-ROC · Registrar of Contractors · 2024-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Douglas Pratt ,

COMPLAINANT

Five Star Remodeling & Demo LLC

License No. ROC 345231, 330784

RESPONDENT

No. 2024A-05426-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 20, 2024

APPEARANCES: Douglas Pratt, Complainant; Lauren Pratt, Complainant Witness; Apollo Alex Tranca, Owner & Qualifying Party on behalf of Respondent; Doug Barrett, Registrar of Contractors Investigator

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Registrar of Contractors Notice of Hearing Packer (Packet); Complainant Exhibit 1-6

FINDINGS OF FACT

Five Star Remodeling & Demo, LLC (Respondent) is the holder of License Nos. ROC 345231 and ROC 330784 issued by the Arizona Registrar of Contractors (Registrar).

On or about February 22, 2023, Douglas Pratt (Complainant) entered into a contract with Respondent for, among other things, a master bathroom and laundry room remodel project. The total amount contracted for the project was $77,023.00. Phase 1 of the project began on June 12, 2023, and finished in November 2023. Phase 2 of the project began in February 2024 and work continued until May 2024.

On May 10, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.

The Registrar assigned the complaint to Investigator Doug Barrett. A Jobsite Inspection commenced on May 29, 2024, where both parties were present. After the Jobsite Inspection, on May 29, 2024, Investigator Barrett issued a Written Directive to Respondent 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 Thursday, June 20, 2024.

. . . .

DIRECTIVE REQUIREMENTS

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

Complaint Item 1: Shower was not water proofed correctly.

Investigator’s Observation: Verified. I observed the master shower and the shower floor, the tub, the tub plumbing, the drain, and the right wall had been demoed by the respondent to correct the issues. I observed the shower pan did not cover the entire wet area and there appeared to be wall waterproofing that also did not cover the entire wet area. Contractor should verify and complete the waterproofing in the wet area and complete the rest of the shower/tub reconstruction by appropriate means.

Following the issuance of the Written Directive, Complainant granted extensions to complete the project. The first extension date to remedy items in the Written Directive was July 12, 2024. A second extension was granted to August 5, 2024.

On August 14, 2024, Investigator Barrett scheduled a Compliance Inspection to determine the status of the items listed on the issued Written Directive.

Present at this Compliance Inspection was Complainant and a subcontractor for Respondent. At the Compliance Inspection on August 21, 2024, Investigator Barrett noted the following:

Compliance Findings: The shower was not complete including the tile, the plmbing [sic] fixtures, the ceiling, the grout, the shower door, lighting, the exhaust fan, and the tub.

Compliance Item: 1 – Shower was not water proofed correctly.

On September 6, 2024, the Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A); and Ariz. Rev. Stat. § 32-1154(A)(22).

HEARING EVIDENCE

Apollo Alex Tranca testified that his ex-partner in the business initiated the project with Complainant and he did not become involved until November 2023. As such, Mr. Tranca was not present when the project was being waterproofed and he discovered the pan liner was not installed fully and that the tub was not waterproofed. Mr. Tranca and his team removed the floor and part of the wall to waterproof, but the work and the installation of the tub could not be remedied by the second extension deadline of August 5, 2024.

Administrative notice is taken of Respondent’s prior License record on November 20, 2024. Such prior License record reflects that Respondent’s License No. ROC 345231 (KB-1 Dual Building Contractor) was first issued on May 25, 2023, and is Active with two open complaints pending. Such prior License record also reflects that Respondent’s License No. ROC 330784 (CR-57 Wrecking) was first issued on September 25, 2020 and was suspended for non-renewal on October 1, 2024.

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 workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

Although Mr. Tranca was not involved in the project when it commenced, there was ample time provided to Respondent by way of two extensions to remedy the items in the Written Directive. In this case, the evidence established that Respondent failed to complete the corrective work following the Written Directive being issued. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of Ariz. Rev. Stat. § 32-1154(A)(22).

Respondent’s suspended license (ROC 330784) does not deprive Complainant of his right to prosecute his complaint or prevent the Registrar from determining the merits of the complaint.

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. ROC 345231 and ROC 330784 for a period of two days.

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. § 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 Ariz. Rev. Stat. § 32-1101(A)(5), 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, December 10, 2024.

/s/ Nicole Robinson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Doug Barrett

[email redacted]

Five Star Remodeling & Demo LLC

6331 W Shangri La Rd

Glendale, AZ 85304

[email redacted]

Douglas Pratt

1013 E Gemini Dr.

Tempe, AZ 85283

[email redacted]

By: OAH Staff