ALJDEC - Licensing

2024A-07020-CHC-ROC · Registrar of Contractors · 2024-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Charles J. Slack-Mendez, Esq.,

COMPLAINANT,

v.

Titan Solar Power AZ, Inc.

License Nos. ROC 334037, 340249,

RESPONDENT.

No. 2024A-07020-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 11, 2024

APPEARANCES: Complainant Charles J. Slack-Mendez, Esq. appeared on his own behalf. Respondent Titan Solar Power AZ, Inc. failed to appear. Arizona Registrar of Contractors Investigator Doug Barrett appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

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

FINDINGS OF FACT

Titan Solar Power AZ, Inc. (“Respondent”) is the holder of License Numbers 334037 and 340249 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about March 28, 2024, Charles J. Slack-Mendez, Esq. (“Complainant”) contracted with Respondent for Respondent to install a complete solar system at his law office. The contract price was $24,046.00. Complainant paid Respondent $12,523.00.

On or about June 19, 2024, the Registrar received a Complaint against Respondent from Complainant alleging abandonment of the project.

The Registrar assigned the Complaint to Investigator Doug Barrett. Investigator Barrett conducted a Jobsite Inspection on July 24, 2024. Investigator Barrett’s Jobsite Inspection Notes set forth the following:

Jobsite General Notes: The complainant’s paralegal, Sonia Montigo, was present for the jobsite inspection but no one from the respondent was present. The respondent appears to have gone out of business and abandoned this project after receiving a deposit.

Complaint Item: 1 - Paid a deposit total of $12,523 and no work has been completed.

Investigator’s Observation: Verified. I observed no work started and no product on site. The contract was signed on March 28, 2024 and has been abandoned by the respondent.

Thereafter, Investigator Barrett 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 27, 2024, the Registrar issued a Notice of Hearing to the parties advising of the hearing date and time of October 11, 2024, at 9:00 a.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 27, 2024, the Tribunal issued an Order Setting Hearing Via Google Meet 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 Barrett testified consistently with his findings contained in his Jobsite Inspection Notes. Investigator Barrett testified that he did not issue a Written Directive because Respondent had “closed its doors.”

Complainant agreed with Investigator Barrett’s findings and testimony. Complainant testified that he hired Respondent to install a solar system at his office and paid a fifty percent deposit, Respondent began work on the project and had him remove bushes from the property. Thereafter, Respondent’s phones were disconnected and SRP notified Complainant that he “may want to look for another solar company.”

Complainant filed a claim with Respondent’s bonding company and has recovered the full amount paid to Respondent.

Administrative notice is taken of Respondent’s prior License record on October 16, 2024. Such prior License record reflects that Respondent’s License Number 334037 was first issued on July 14, 2021, and is revoked. Such prior License record also reflects that there is only one (1) open complaint, however, it is not the instant Case Number, and therefore, it appears there must be at least two open complaints, four (4) resolved/settled complaints, and three (3) complaints resulting in discipline against Respondent’s license.

Such prior License record further reflects that Respondent’s License Number 340249 was first issued on August 17, 2022, and is revoked. Such prior License record reflects that there are is only the instant open complaint, one (1) resolved/settled complaint, and three (3) 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 334037 and 340249.

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 17, 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]

Doug Barrett

[email redacted]

Titan Solar Power AZ, Inc.

[email redacted]

Charles J. Slack-Mendez, Esq.

[email redacted]

By: OAH Staff