ALJDEC decisions subject to certification as final

2024A-06942-RFA-LS-ROC-RH · Registrar of Contractors · 2025-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jonathan Paturalski,

COMPLAINANT,

Grey Colt Construction LLC,

License No. ROC 305719,

RESPONDENT.

No. 2024A-06942-RFA-LS-ROC-RH

ADMINISTRATIVE LAW

JUDGE DECISION

HEARING: December 9, 2025

APPEARANCES: Jonathan Paturalski appeared on his own behalf. No person appeared on behalf of Grey Colt Construction LLC. Arizona Assistant Attorney General Charles S. Hover III appeared on behalf of the Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

EXHIBITS ADMITTED INTO EVIDENCE: ROC Exhibits 1 through 10.

___________________________________________________________________

FINDINGS OF FACT

1. On October 31, 2025, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing setting the above-entitled matter for hearing on December 9, 2025. The Registrar mailed copies of the Notice of Hearing to the parties at the addresses of record.

2. The Registrar administers a Residentiary Recovery Fund (“Fund”). The Notice of Hearing provided that the issue set for determination at the hearing in this matter was Respondent’s appeal of the Registrar’s determination regarding Complainant’s Fund Claim.

3. On November 7, 2025, the Office of Administrative Hearings issued an order by email advising the parties the hearing would be conducted virtually by videoconference or telephone via Google Meet and providing the instructions to connect to the hearing.

4. The hearing was convened and conducted through Google Meet on December 9, 2025.

BACKGROUND

5. On June 18, 2024, Jonathan Paturalski (“Complainant”) had filed a Licensed Complaint form (“Complaint”) with the Registrar alleging poor work by Respondent in connection with a construction contract for residential interior remodel work. Complaint indicated that the contract amount was for $48,575.00 and that Respondent had been paid $50,290.91.

6. The Registrar conducted an investigation into the complaint. Registrar Investigator Johndrow conducted a job-site inspection on September 9, 2024. Investigator Johndrow determined that multiple items did not meet Registrar standards and needed corrective work.

7. On October 1, 2024, Investigator Johndrow issued a Directive for Respondent to correct the work by October 23, 2024. Respondent did not complete the corrective work by the deadline.

8. On October 25, 2024, the Registrar issued a Citation against Respondent, charging the following statutory and administrative violations: Arizona Revised Statutes (“Ariz. Rev. Stat.”) § 32-1154(A)(2)(a); Ariz. Rev. Stat. § 32-1154(A)(2)(b); Ariz. Rev. Stat. § 32-1154(A)(3), namely Arizona Administrative Code (“Ariz. Admin. Code) R4-9-108(A) and 108(B); Ariz. Rev. Stat. § 32-1154(A)(12), namely Ariz. Rev. Stat. § 32-1158; Ariz. Rev. Stat. § 32-1154(A)(16); and, Ariz. Rev. Stat. § 32-1154(A)(22).

9. Following an administrative hearing on January 6, 2025, an Administrative Law Judge issued an Administrative Law Judge Decision (“Decision”) determining that Respondent had violated each of the Registrar-cited provisions and recommending discipline on Respondent’s license.

10. On February 18, 2025, the Registrar issued a Final Administrative Decision and Order accepting the Decision and setting March 30, 2025, as the effective date of the Final Administrative Decision.

RECOVERY FUND CLAIM

11. On June 23, 2025, Complainant filed a Residential Recovery Fund claim.

12. In its Notice of Award dated July 15, 2025, the Registrar issued a Notice of Claim for Administrative Award to Complainant in the amount of $24,272.53. The Registrar had determined that the itemized bids from AZ Construction & Renovation LLC License No. ROC 317826 in the amount of $22,022.53 and Temperature-Control Inc. License No. 078915 in the amount of $2,250.00 included the necessary repairs to comply with the Directive. The Registrar also determined that proposed repairs (in the amount of $545.27) for a curb leading into guest shower, which proposed work was not the basis of a violation, would be deducted from the total costs.

13. On July 26, 2025, Respondent requested a hearing on the matter.

14. On September 18, 2025, the Registrar issued an Order Quashing the July 15, 2025 Notice of Award. Registrar determined that additional review of the Fund Claim was required.

15. In its Notice of Award dated September 25, 2025, the Registrar issued a Notice of Claim for Administrative Award to Complainant in the amount of $23,727.26.

16. On October 10, 2025, Respondent requested a hearing on the matter.

17. At the time of the scheduled hearing, Respondent did not appear by videoconference or telephone and Respondent had not previously requested that the hearing be continued. Although the start of the hearing was delayed a minimum of 15 minutes, Respondent did not appear. Consequently, Respondent did not present any evidence.

18. The Registrar’s position is that the Notice of Administrative Award in the amount of $23,727.26 should be affirmed matter due to the failure of Respondent Grey Colt Construction LLC, the moving party on the appeal, to appear and meet its burden of proof.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Ariz. Rev. Stat. § 32-1132(A) provides that “[a]n award from the fund is limited to the actual damages suffered by the claimant as a direct result of the contractor's violation but shall not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines. . . .”

Respondent bears the burden of proof to establish that the proposed payout from the Fund is incorrect 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.” A preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

By his failure to appear at the hearing and present evidence, Respondent failed to present any credible evidence regarding the Registrar’s Fund Award to be either improper or inappropriate under the applicable law.

The Administrative Law Judge concludes that Respondent failed to establish by a preponderance of any evidence that the Registrar’s Fund Award was either improper or inappropriate under the applicable law. Thus, the evidence in this matter demonstrates that the Registrar correctly determined the Fund Award amount to be awarded to Complainant. The Administrative Law Judge concludes that Respondent’s appeal should be denied and the Registrar’s Fund Award to Complainant in the amount of $23,727.26 should be affirmed and finalized.

RECOMMENDED ORDER

IT IS ORDERED that Respondent Grey Colt Construction LLC’s appeal is dismissed and

IT IS ORDERED that, on the effective date of the Registrar’s final order, Complainant receive a payout from the Residential Contractors’ Recovery Fund in the amount of $23,727.26.

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.

-54864001

001

-137160-45720000Done this day, December 18, 2025.

/s/ Kay Abramsohn

Administrative Law Judge

Transmitted electronically to:

Tom Cole

Registrar of Contractors

Jonathan Paturalski

4310 N Radin Ave

Tucson, AZ 85705

[email redacted]

Grey Colt Construction LLC

910 W Grant Rd

Tucson, AZ 85705

[email redacted]

By OAH Staff