ALJDEC - Licensing
2024A-05666-CHC-ROC · Registrar of Contractors · 2024-10-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Mahesh Tanniru
COMPLAINANT,
v.
C&J Renovations LLC
DBA: HDK Landscape & Design
License No. ROC 324811,
RESPONDENT.
No. 2024A-05666-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: September 26, 2024
APPEARANCES: Mahesh Tanniru (Complainant) appeared on behalf of himself. James Kahn appeared on behalf of C&J Renovations, LLC (Respondent).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. On or about February 12, 2024, Complainant and Respondent entered into a contract, wherein Respondent agreed to perform landscaping work at Complainant’s home for the amount of $32,005. Complainant paid Respondent $24,000 for the project.
2. On or about March 4, 2024, Respondent started work.
3. On or about May 15, 2024, Respondent stopped work.
4. On or about June 6, 2024, Complainant filed a complaint with the Arizona Registrar of Contractors (Registrar) alleging abandonment on the part of Respondent.
5. The Registrar assigned the complaint to one its investigators, Doug Barrett (Investigator Barrett).
6. On or about June 24, 2024, Investigator Barrett conducted a job-site inspection. Both parties were present at the job-site inspection. Investigator Barrett discovered that Respondent failed to complete construction in the front yard and the backyard. Investigator Barrett also discovered that the plants were dying due to a lack of appropriate water.
7. On or about June 24, 2024, the Registrar issued a Directive that directed Respondent to correct the following complaint items, by appropriate means, prior to 5:00 p.m. on July 17, 2024:
Complaint Item: 1 - Partially done Front yard and backyard.
Investigator’s Observation: Verified. I observed the front and back yards where some work had been started but not completed. Rough block work was observed in the front and back with the stack stone and caps not completed. The pavers in the front and back were not completed. The turf was not completed. The fire pit and adjacent wall was not completed. The planter boxes were not completed. The water feature was not complete. The front steps were not completed. Contractor should complete the project per the contract by 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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 2 - Plants are dying due to lack of appropriate water. Investigator’s Observation: Verified. I observed various dead plants in the back planter box. Contractor should replace affected plants if they are within the warranty period.
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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
8. Both parties confirmed with Investigator Barrett that no work was completed and no materials were delivered during the time period for compliance under the Directive.
9. On or about July 25, 2024, the Registrar issued a Citation against Respondent’s license alleging that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(3) – Arizona Administrative Code (A.A.C.) R4-9-108(A); Ariz. Rev. Stat. section 32-1154(A)(22).
10. Respondent filed a timely answer to the Citation.
11. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
12. A hearing was held on September 26, 2024.
13. At hearing, Complainant testified on behalf of himself. Respondent presented the testimony of its qualifying party, James Kahn. Investigator Barrett testified consistently with his job-site inspection notes.
14. Complainant explained that Respondent failed to complete the project and did not even attempt to perform corrective work during the timeframe allowed under the Directive.
15. Mr. Kahn stated that most of what Complainant testified to was true.
Mr. Kahn asserted that the project was significantly delayed due to the gas line.
Mr. Kahn stated that the issue related to the gas line was completely out of Respondent’s control. Mr. Kahn stated that he first learned that the gas line was paid for at the hearing. Mr. Kahn was not willing make any repairs during the timeframe allowed under the Directive, due to other projects. However, Mr. Kahn stated that he requested bids from Complainant to correct the Directive items so that Respondent could pay another contractor to repair its work.
16. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on October 11, 2024, Respondent’s license was first issued on June 25, 2019, and is suspended. Such prior License record also shows that there are five open complaints against Respondent’s license. Such prior License record also shows two complaints have resulted in discipline of Respondent’s license. Such prior License record also shows that one complaint was settled by the contractor. Respondent’s disciplinary history is considered an aggravating factor in the imposition of discipline.
CONCLUSIONS OF LAW
The Registrar has jurisdiction over this matter, pursuant to Ariz. Rev.
Stat. section 32-1101, et seq., which authorizes the Registrar to impose disciplinary sanctions against licenses for violations of Ariz. Rev. Stat. section 32-1154.
The suspended status of Respondent’s license does not deprive
Complainant of his right to prosecute its complaint against Respondent or prevent the Registrar from determining the merits Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.
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 preponderance of the evidence shows that Respondent did not perform the work in a professional and workmanlike manner in violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
The preponderance of the evidence shows that Respondent failed to correct the items listed in the Registrar’s Directive, without valid justification, which is a violation of Ariz. Rev. Stat. section 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 C&J Renovations LLC DBA: HDK Landscape & Design
License No: 324811, 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 Ariz. Rev. Stat. section 32-1154(E).
It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 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, October 11, 2024.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
C&J Renovations LLC
DBA: HDK Landscape & Design
[email redacted]
Mahesh Tanniru
[email redacted]
By: OAH Staff