ALJDEC - Licensing

2024A-06531-CHC-ROC · Registrar of Contractors · 2024-10-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pauline Rushfeldt,

COMPLAINANT,

v.

SunUp America, LLC

License Nos. ROC 333266, 325608,

& 325273,

RESPONDENT.

No. 2024A-06531-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 4, 2024

APPEARANCES: Complainant Pauline Rushfeldt appeared on her own behalf with her son, Dane Rushfeldt. Arizona Registrar of Contractors Investigator Lisa Melton appeared as a witness. Respondent SunUp America, LLC failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record

FINDINGS OF FACT

SunUp America, LLC (“Respondent”) is the holder of License Numbers 333266, 325608, and 325273 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about January 20, 2024, Pauline Rushfeldt (“Complainant”) contracted with Respondent for Respondent to install a complete solar system at her home. The contract price was $35,717.00. Complainant took out a loan to pay Respondent and Respondent has been paid in full.

On or about June 9, 2024, the Registrar received a Complaint against Respondent from Complainant alleging abandonment and poor work with respect to the project.

The Registrar assigned the Complaint to Investigator Lisa Melton. Investigator Melton conducted a Jobsite Inspection on July 18, 2024. Investigator Melton’s Jobsite Inspection Notes set forth the following:

Narrative from Complainant: I just want them to follow through with this job. Get the box, and get this system working. They have THE WORST customer service I have ever dealt with in my life!!

Compliance Item 1: Has not come back to finish the electrical hook-up from the main power pole to the house.

Investigator’s Observation: Respondent has not completed their scope of work. Panels have been installed and some of the electrical components, however, electrical is not complete as well as permit/inspection from utility and building official relative to subject scope of work. Unable to direct completion as license has been voluntarily cancelled by Respondent. Issuing citation for abandonment and referring to our Legal Department. (See JSI Photos #2 - #5)

Compliance Item 2: I have called their office and Project Manager MANY times with NO response at all.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 3: I have had to call the power company (APS) Project Manager myself to find out dates for the power install.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 4: I have had 3 appointments for this install (which I have had to call APS to find out).

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 5: SunUp has NEVER once called me to tell me an appointment time.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 6: Every appointment they have cancelled WITHOUT telling myself or APS.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 7: SunUp is constantly giving me and APS some excuse about not being able to get the power box.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Compliance Item 8: NO ONE will return any texts, emails or phone calls.

Investigator’s Observation: Not a workmanship/abandonment concern that can be inspected and/or evaluated. (No Photos)

Thereafter, Investigator Melton forwarded the matter to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging a possible violation of A.R.S. § 32-1154(A)(1).

Respondent filed a timely Answer to the Citation and the Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

On August 19, 2024, the Registrar issued a Notice of Hearing to the parties advising of the hearing date and time of October 4, 2024, at 1:00 p.m., and further advised that an Order providing a Google Meet link would be issued to the parties by the Office of Administrative Hearings. On August 20, 2024, the Tribunal issued a Hearing Order to the parties. That Order contained the Google Meet link to join the hearing by video or by telephone. It was issued to Respondent’s email address of record.

Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator Melton testified consistently with her findings contained in her Jobsite Inspection Notes. Investigator Melton testified that the scope of Respondent’s work is not complete and that she has had no contact from Respondent.

Complainant agreed with Investigator Melton’s findings and testimony. Complainant testified that within a few weeks of signing the contract, Respondent installed solar panels on her roof, the permit was obtained on April 26, 2024, and some electrical work was performed in April or May, 2024. Complainant has not seen or heard from Respondent since then, notwithstanding multiple attempts at contacting Respondent.

Administrative notice is taken of Respondent’s prior License record on October 11, 2024. Such prior License record reflects that Respondent’s License Number 333266 was first issued on May 6, 2021, and is revoked. Such prior License record also reflects that there are seven (7) open complaints, including the instant Complaint, one resolved/settled complaint, and seven (7) complaints resulting in discipline against Respondent’s license.

Such prior License record further reflects that Respondent’s License Number 325608 was first issued on July 26, 2019, and is revoked. Such prior License record reflects that there are is only one open complaint, however, it is not the instant case number, so there are at least two open complaints, no resolved/settled complaints, and four (4) complaints resulting in discipline against this license.

Such prior License record further reflects that Respondent’s License Number 325273 was first issued on July 9, 2019, and is revoked. Such prior License record reflects that there are five (5) open complaints, however, the instant case is not included in that number, so there are at least six (6) open complaints, no resolved/settled complaints, and eight (8) complaints resulting in discipline against this license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Complainant bears the burden of proof to establish Respondent’s statutory violation(s) 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 abandoned its contract with Complainant without legal excuse for doing so. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(1).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke Respondent’s License Numbers 333266, 325608, and 325273.

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 16, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

SunUp America, LLC

[email redacted]

[email redacted]

Pauline Rushfeldt

[email redacted]

Lisa Melton

[email redacted]

By: OAH Staff