ALJDEC - Licensing

2024A-05722-CHC-ROC-RH · Registrar of Contractors · 2025-01-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Aaron Gullerud,

COMPLAINANT

v.

360 Masonry & Hardscapes LLC

License No. ROC 338918,

RESPONDENT

No. 2024A-05722-CHC-ROC-RH

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 19 2024

APPEARANCES: Complainant Aaron Gullerud appeared on his own behalf via Google Meet. Mike Santizo appeared via Google Meet on behalf of Respondent 360 Masonry & Hardscapes LLC. The Registrar of Contractors Investigator Lisa Melton appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE:

_____________________________________________________________________

FINDINGS OF FACT

360 Masonry & Hardscapes LLC (Respondent) is the holder of License No. 338918 issued by the Arizona Registrar of Contractors (Registrar).

On or about November 7, 2024, the Registrar issued a Final Administrative Decision and Order in 2024A-05722-CHC-ROC.

On or about November 12, 2024, the Registrar granted Respondent’s Request for a Rehearing, and on November 19, 2024, issued a Notice of Hearing for December 19, 2024.

The tribunal incorporates the decision 2024A-05722-CHC-ROC, into this matter by reference.

At hearing Investigator Melton testified again as to her findings, that Mr. Santizo abandoned the project before he completed the same. Investigator Melton further testified that while Mr. Santizo presented her with some text message exchanges between the parties, in her opinion, these were not enough to demonstrate that Complainant had fired, settled or excused Respondent from completing the work.

Complainant testified that while the parties had negotiations to resolve the matter, Mr. Santizo never refunded his money or presented a formal document memorializing the parties’ agreement.

Mr. Santizo testified that Respondent would refund Complainant $6,500.00 and would tear down the wall which he constructed. He further testified that he did not abandon the job.

Administrative notice was taken of Respondent’s prior License record on January 3, 2025. Such prior License record reflected that Respondent’s License No. 338918 was first issued on June 21, 2022, and was revoked on July 29, 2024. The License record further reflected that there were two open cases, one of which included the present case, and two “Disciplined Cases”.

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 abandoned the project in violation of A.R.S. § 32-1154(A)(1). Respondent accepted Complainant’s down payment of $10,000.00, and did not finish the wall nor install the pavers. Further, there was no evidence presented, credible or otherwise, to demonstrate that Respondent had a valid legal excuse for not completing the work, including but not limited to, a completed agreement.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke Respondent’s License No. 338918.

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, January 3, 2025.

/s/ Adam D. Stone

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

360 Masonry & Hardscapes LLC

[email redacted]

[email redacted]

Aaron Gullerud

[email redacted]

By: OAH Staff