ALJDEC - Licensing
2024A-06194-CHC-ROC · Registrar of Contractors · 2024-09-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Chris Woods
COMPLAINANT,
v.
Grizzly Construction LLC
License No. ROC 336181,
RESPONDENT.
No. 2024A-06194-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 29, 2024
APPEARANCES: Chris Woods (Complainant) appeared on behalf of himself.
No one appeared on behalf of Grizzly Construction, LLC (Respondent).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. On or about August 16, 2023, Complainant and Respondent entered into a residential remodeling contract, wherein Respondent would remodel Complainant’s home for the amount of $35,286.82. Complainant paid Respondent $17,643.41 pursuant to the contract.
2. On or about October 1, 2023, Respondent started work.
3. On or about February 29, 2024, Respondent stopped work.
4. On or about May 31, 2024, the Arizona Registrar of Contractors (Registrar or ROC) received a complaint from Complainant alleging abandonment on the part of Respondent.
5. The Registrar assigned the complaint one of its investigators, Miles Crosby (Investigator Crosby).
6. On or about June 4, 2024, Investigator Crosby conducted an initial job-site inspection.
7. Respondent notified Investigator Crosby that it had closed its business and would not attend the job-site inspection.
8. At the job-site inspection, Investigator Crosby observed that the job was unfinished.
9. Investigator Crosby noticed during his investigation of the complaint that the contract did not include a date of execution, the estimated date of completion, and notice to the Complainant of his right to file a written complaint with the Registrar.
10. On June 10, 2024, the Registrar issued a Directive to Respondent that provided, in relevant part, as follows:
Dear Respondent: 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, June 28, 2024.
RESTRICTIONS
You may not perform or hire other contractors to perform work that is outside the scope of your license.
If your license is currently suspended for administrative reasons, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - Initial estimate was completion by end of 2023, multiple times communicated finished dates were not met and work completed has been minimal. Property is currently in state that it can not be used (no toilets, sinks, countertops or flooring).
Investigator’s Observation: The complaint is regarding abandonment by the Respondent. The Respondent has not returned to complete the work. The Respondent has advised they will not be remaining in business.
Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1).
...................................................................
11. Respondent did not perform any work during the timeframe for compliance
under the Directive.
12. On or about July 10, 2024, the Registrar issued a Citation against Respondent’s license. Through the Citation, the Registrar alleged that Respondent violated A.R.S. § 32-1154(A)(1), Ariz. Rev. Stat. section 32-1154(A)(12), Ariz. Rev. Stat. section 32-1158, and Ariz. Rev. Stat. section 32-1154(A)(22).
13. Respondent filed a timely answer to the Citation.
14. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
15. A hearing was held on August 29, 2024. At hearing, Complainant explained that Respondent failed to complete the project. Complainant stated that he was seeking to recover the initial payment to Respondent. Investigator Crosby testified regarding his investigation of the complaint.
16. No one appeared on behalf of Respondent at the hearing on August 29, 2024. Although the hearing did not start until approximately 1:15 p.m., no one appeared on behalf of Respondent through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence to defend its license.
17. Administrative notice is taken of Respondent’s prior License record on September 18, 2024. Such prior License record reflects that Respondent’s license number 336181 was first issued on June 1, 2022, and is revoked. Such prior License record also reflects that there three complaints have resulted in discipline of Respondent’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 32-1101 et seq.
The revoked status of Respondent’s license does not deprive Complainant
of his right to prosecute the complaint or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.
Complainant bears the burden of proof to establish Respondent’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno 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 undisputed evidence established the complaint that the contract did not include a date of execution, the estimated date of completion, and notice to the Complainant of his right to file a written complaint with the Registrar, which are violations of Ariz. Rev. Stat. section 32-1154(A)(12) and Ariz. Rev. Stat. section 32-1158.
5. The preponderance of the evidence shows that Respondent abandoned the contract, which is a violation of Ariz. Rev. Stat. section 32-1154 (A)(1).
6. The preponderance of the evidence shows that Respondent failed to comply with 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 in this matter, License No. 336181 of Grizzly Construction LLC is revoked.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty.
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, September 18, 2024.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Chris Woods
[email redacted]
Grizzly Construction LLC
[email redacted]
By: OAH Staff