ALJDEC - Licensing

2024A-07451-CHC-ROC · Registrar of Contractors · 2026-07-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Mark Minch,

COMPLAINANT

v.

Painting Brush Remodel LLC

License No. ROC 306146, 337532,

RESPONDENT

No. 2024A-07451-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 17, 2026

APPEARANCES: Natalia A. Garrett, Esq. appeared on behalf of Complainant Marck Minch appeared on her own behalf. Alex Chu appeared on behalf of Respondent Painting Brush Remodel LLC. Registrar of Contractors Investigator Steven Avila appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE: Complainant’s Exhibits 7, 8, and 13 were admitted into evidence.

_____________________________________________________________________

FINDINGS OF FACT

Painting Brush Remodel LLC (Respondent) is the holder of License Nos. 306146 and 337532 issued by the Arizona Registrar of Contractors (Registrar).

On or about October 15, 2023, Complainant hired Respondent to remodel his residence in Mesa, Arizona. The total contracted price was $240,000.00, and Complainant paid $245,703.50.

On or about July 5, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.

The Registrar assigned the complaint to Investigator Steven Avila. The jobsite inspection was performed on September 23, 2024.

Investigator Avila then issued a Written Directive on or about September 18, 2024, which provided in pertinent part as follows:

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 October 4, 2024.

. . .

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Complaint Item: 1 - Jacuzzi tub installed incorrectly, cracked and scratched during install. No support under the tub. Tub not caulked.

Investigator’s Observation: At the time of the inspection it could be seen below the jacuzzi tub that the supports and base appear to be elevated from the ground with no support reaching the floor. An email provided by the homeowners dated 8/20/2024 from Ian Mierez states that the main concern regarding the installation of the jacuzzi tub is that it is "supported by the lip of the tub and not the feet", could lead to damage due to improper support.

In regards to crack and scratches the complainant stated that they moved back in in March of 2024 and notified the respondent in May of 2024 of the defects. Workmanship standards state- Contractor’s responsibility on all manufactured surfaces is valid only if the damaged surface is indicated to the contractor or contractor’s representative within 10 days after move-in. Therefore no directive to be issued to the respondent for the scratches and

cracks of the tub.

Allegation for improper installation due to lack of support of tub base is verified by email provided. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 2 - Laundry door not closing.

Investigator’s Observation: At the time of the inspection the laundry door in question did not shut. Door was removed to paint and hardware was replaced and door was reinstalled by the respondent. Allegation of door not closing is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 3 - Cabinet slides inoperable and installed incorrectly on many cabinets.

Investigator’s Observation: At the time of the inspection a lower cabinet pullout in the lower cabinets was rubbing and inoperable. The pullouts position has cause gouges in the cabinet frame from continuous rubbing. There was also a second drawer the was deemed inoperable due to hitting a baseboard that was installed by the respondent. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 5 - All interior doors not primed and paint is peeling.

Investigator’s Observation: At the time of the inspection the there were multiple doors in the residence which had peeling paint. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 6 - Air return vent in floor in formal dining room not installed correctly, trip hazard.

Investigator’s Observation: At the time of the inspection there was a floor register that was not flush to the flooring. The register was loose to the touch. Allegation is verified.

Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 9 - Kickboard under cabinets not attached in kitchen.

Investigator’s Observation: At the time of the inspection there were loose kick boards present in the kitchen cabinetry. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 10 - No shelving in main bathroom cabinet. Cabinet door binds on opening.

Investigator’s Observation: At the time of the inspection the main bathroom cabinet contained no shelving. The cabinet was a narrow and tall cabinet that would require shelving for proper usage. The door of the cabinet was also very stiff and had excessive creaking/ binding. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 11 - Cabinet above microwave damaged.

Investigator’s Observation: At the time of the inspection there was a large gouge in the cabinet skin above the microwave. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 12 - Oven not installed properly.

Investigator’s Observation: At the time of the inspection the oven was missing fasteners and there was a gap between the oven and the cabinets. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 13 - Marble tile in main shower scratched during construction.

Investigator’s Observation: At the time of the inspection the marble tile in the master shower had a visible blemish. The homeowners stated that a repairs attempt was made but did not remedy this area. The blemish appeared as a large dull area with visible scratches.

Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 15 - Baseboard joints not done properly.

Investigator’s Observation: Homeowners brought forth a portion of baseboard in the hall bath which had an irregular finish. Workmanship standards state - All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded.

Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 21 - Paint and or stucco does not match on exterior of home where windows and doors were removed and other places. Outline of windows and doors shows.

Investigator’s Observation: At the time of the inspection there were multiple locations in the stucco and stucco repairs in which paint variations could be seen throughout. There were also hairline cracks on the outline of removed windows that were visible. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 22 - Paint on chimney does not match.

Investigator’s Observation: At the time of the inspection there were multiple locations on the chimney where paint variations were present. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 23 - Electrical outlet removed on patio pillar and not replaced. Power removed to yard outlet.

Investigator’s Observation: At the time of the inspection the pillar in question had the electrical outlet removed with no explanation for the removal of the electrical outlet which is affecting power in other areas. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 26 - Crown molding above cabinets, bad and sloppy joint needs replaced.

Investigator’s Observation: At the time of the inspection the homeowners brought forth a section of crown molding which was spliced together. The seam was visible and contained a wide portion of filler that was extremely visible in color and texture. Workmanship standards state - All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 31 - The baseboard below oven prevents cabinet door from opening.

Investigator’s Observation: Addressed in line item 3 also. Placement of cabinets and baseboards did not allow for full function of the drawer. Allegation is verified.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 33 - Doorstops installed incorrectly caused damage to the door.

Investigator’s Observation: The door stop in question was installed incorrectly resulting a damage to the door. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 34 - No matching hardware on the door to the garage, painted over old hardware.

Investigator’s Observation: At the time of the inspection the hardware on the door leading to the garage was painted over and not replaced, hinges were also not replaced as was seen throughout the remodel. Chris with Painting brush remodel stated that he believed hardware was to be replaced even though the contract did not specify. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 35 - Laundry door hinges not replaced and do not match.

Investigator’s Observation: As stated in line item number 34 contract did not specify replacement of the hinges which were not replaced. However, it was stated that hardware was to be replaced. Allegation is verified.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 36 - No caulking on flooring at the door to the garage.

Investigator’s Observation: At the time of the inspection there was a gap near the garage door between the flooring and threshold. The gap although minimal appears unfinished to the naked eye as no attempt was made to transition to the threshold. Registrar does not dictate that caulking be added as a remedy as the process used to remedy this area is the respondent's decision. Allegation is verified of a gap near garage door. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 37 - The cabinet above the washing machine was damaged on the inside upon installation.

Investigator’s Observation: At the time of the inspection there was a white substance on the inside of the cabinet in question. The substance appears to be a caulking material used to fill a gap and not cleaned up after gap was filled. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 39 - Light over fireplace needs repaired.

Investigator’s Observation: The light near the fireplace had a large gap between the trim of the light and the ceiling. There was also texture missing in the area of the light. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 45 - Cabinet handle not flush screws not tightened.

Investigator’s Observation: At the time of the inspection there was a loose handle in hall bath. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 46 - Water in the toilet splashes when the toilet in guest bath is flushed.

Investigator’s Observation: At the time of the inspection it was verified that the use of water in adjacent bathrooms was affecting the toilet as movement could be seen in the water. Allegation is verified. Respondent shall correct by the appropriate means.

It is also directed that the respondent provide the local jurisdiction with the full scope of work of the project so that the proper jurisdiction can determine if permits were needed. If so the respondent must obtain all needed permits and pass all required inspections.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 49 - Windowsill by Jacuzzi tub needs drywall repaired to match.

Investigator’s Observation: The window sill adjacent to the tub had large globs and irregular finish. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 50 - The shower drain has grout plugging some of the drain.

Investigator’s Observation: At the time of the inspection the shower drain did have grout residue. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 51 - The tall linen cabinet has no shelving, and the molding does not reach to the top of the cabinet. The top of the cabinet

Investigator’s Observation: Shelving was addressed in a previous line item. Trim pieces on the cabinet were cut short leaving open gaps between the trim pieces. Top right portion of the cabinet had a large discolored section. Allegation for incomplete trim and discoloration is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 52 - Edge of some steps are coming loose.

Investigator’s Observation: At the time of the inspection the step second from the top had come loose to the touch. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 53 - Caulking missing on some steps.

Investigator’s Observation: At the time of the inspection there were small voids in the installed caulking on the steps. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 56 - The exhaust fan cover is painted/sealed to the ceiling and cannot be removed to clean it.

Investigator’s Observation: Vent cover caulked and paint to ceiling rendering it irremovable. Allegation is verified. Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 58 - The deck floor stained from workers installing master bathroom. Cutting Marble, tile and mixing grout.

Investigator’s Observation: Deck area floor contained residue in various areas from the trades performing work inside the residence. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 59 - New floors are left with paint splatter, glue and scratches. The floor was left unprotected during construction.

Investigator’s Observation: Small amounts of paint residue were brought forth at the time of the inspection. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 60 - The upstairs hall utility closet door sticks and needs adjusted.

Investigator’s Observation: At the time of the inspection the door in question did not have gaps for free function. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

. . .

(All errors contained in the original).

Investigator Avila also issued an Amended Written Directive on May 1, 2025.

Investigator Avila conducted a Compliance Jobsite Inspection on September 18, 2025, and noted the following in pertinent part:

. . .

Compliance Jobsite General Notes:

. . .

Initial compliance inspection held on 9/15/2025. Whilst paperwork was being performed investigator realized that on item was missed at this inspection. Item 58 was not inspected at the initial compliance inspection and therefore the parties were notified of a second inspection on 10/15/2025 to inspect item

Compliance Findings:

Complaint Item: 1 - Jacuzzi tub installed incorrectly, cracked and scratched during install. No support under the tub. Tub not caulked.

. . .

Compliance Observation: At the time of the compliance inspection the tub was installed however there were remaining issues with the installation. The complainants sub floor materials were modified during installation to accommodate the tub plumbing. Manufacturer’s installation instructions state that the tub should be installed on a level continuous floor and sit upon the foam feet attached to the tub. The tub installation at the time of the inspection had resulted in the foam feet being removed from the tub and it was stated that the tub would eventually sit on a mortar base. Installation instructions state - Materials that may be used are a floor leveling compound, mortar, plaster or minimal expansion structural foam having a density of a minimum of 5 lbs./cubic feet; However the bath must remain level in order for it to drain properly and all foam feet must make full contact with the leveling material. It appears that the removal of the foam feet does not correspond with the manufacturer’s instructions. Tub was also cracked at the time of the inspection. Homeowners stated that the manufacturer intends to warranty this item. At the time of the inspection the tub was being supported by the tub surround. Manufacturer instructions state - The rim of the bath is not designed to support weight. Given the state of the tub installation the line item is deemed not corrected.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

CORRECTED ☒ NOT CORRECTED

Complaint Item: 2 - Laundry door not closing.

Investigator’s Initial Observation: At the time of the inspection the laundry door in

question did not shut. Door was removed to paint and hardware was replaced and door was reinstalled by the respondent. Allegation of door not closing is verified. Respondent shall correct by the appropriate means.

Compliance Observation: At the time of the inspection the laundry door was still no closing correctly. The door was rubbing the door frame and additional force had to be used to close the door. Workmanship standards state - Doors should

clear 1/8" at top and sides. Not corrected.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

CORRECTED ☒ NOT CORRECTED

. . .

Complaint Item: 15 - Baseboard joints not done properly.

Investigator’s Initial Observation: Homeowners brought forth a portion of baseboard in the hall bath which had an irregular finish. Workmanship standards state - All joints on molding, casing, etc., should fit and be securely attached, as well as properly filled and sanded. Allegation is verified. Respondent shall correct by the appropriate means.

Compliance Observation: At the time of the compliance inspection the homeowner brought for some area of trim of which they still had concern. The locations of concern were two locations in which the base board was repairs but seams and variances were visible. Not corrected.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

CORRECTED ☒ NOT CORRECTED

. . .

Complaint Item: 39 - Light over fireplace needs repaired.

Investigator’s Initial Observation: The light near the fireplace had a large gap between the trim of the light and the ceiling. There was also texture missing in the area of the light.

Allegation is verified. Respondent shall correct by the appropriate means.

Compliance Observation: At the time of the inspection the respondent had filled in the gap on the ceiling between the light and drywall. At the time of the inspection the materials used to fill the voids were still very visible and did not blend in with surrounding materials. Therefore this line item deemed not corrected.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

CORRECTED ☒ NOT CORRECTED

. . .

Complaint Item: 52 - Edge of some steps are coming loose.

Investigator’s Initial Observation: At the time of the inspection the step second from the top had come loose to the touch. Allegation is verified. Respondent shall correct by the appropriate means.

Compliance Observation: At the time of the inspection there were multiple pieces of stair nosing which had gaps between the nose and tread. The items were easily movable and excessive movement was present upon use of the stairs.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike

manner.

CORRECTED ☒ NOT CORRECTED

. . .

Complaint Item: 58 - The deck floor stained from workers installing master bathroom. Cutting Marble, tile and mixing grout.

Investigator’s Initial Observation: Deck area floor contained residue in various areas from the trades performing work inside the residence. Allegation is verified. Respondent shall correct by the appropriate means.

Compliance Observation: This line item was missed on the initial compliance inspection so a second inspection was held on 10/15/2025 to address this line item soley. At the time of the inspection on 10/15/2025 it was noted that staining was still present outside of the patios sliding doors. The remaining residue appears to be from construction materials used during the remodel.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

CORRECTED ☒ NOT CORRECTED

. . .

(All errors contained in the original).

On October 20, 2025, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3) – R4-9-108(A), and A.R.S. § 32-1154(A)(22).

On or about November 4, 2025, Respondent submitted an Answer to the Registrar.

On or about December 23, 2025, a Notice of Hearing was issued setting a hearing on February 10, 2026, at the Office of Administrative Hearings, an independent state agency.

At hearing, Investigator Avila testified as to the Registrar’s involvement and the above timeline and findings. He also testified that due to a scrivener’s error, Complainant Item 11, was found to be “Not Corrected”.

Investigator Avila testified that during the pendency of this matter, Complainant filed a new complaint, namely 2026-00265. He also testified that an inspection for that complainant was completed on March 19, 2026, and a Written Directive was issued on April 14, 2026, as follows in pertinent part:

... You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, May 1, 2026.

. . .

Complaint Item: 1 - All cabinets.

Investigator’s Observation:

At the time of the inspection there were multiple locations in which the filler boards which are standard in a cabinet installation were excluded from the build. The filler when installed properly allows for proper function of the cabinet drawers and doors. The lack of filler boards in the cabinet installation resulted in multiple doors throughout the installation not opening completely, hitting adjacent doors and hitting the walls. The lack of filler boards near drawers resulted in modifications to the baseboards for proper function. Workmanship standards state - Cabinet doors, drawers and other operating parts should function properly. The lack of filler boards in the installation does not allow for proper function in multiple areas of the home throughout the installation.

Lack of filler boards did contribute to a previous written directive in regards to modifications of the baseboards in the affected areas. In areas which have cabinets doors and drawers have affected the baseboards due to lack of filler boards the baseboards should also be remedied.

There were multiple locations in the cabinet installation in which the lack of trim/ scribe or filler board led to gaps between the installed cabinetry and adjacent wall.

There was a kitchen cabinet near oven which was modified during installation in which the finish appeared rough in some areas and did not match the finish of surrounding cabinets. There was also a repair within this same cabinet which appeared unfinished and irregular.

Kitchen cabinets were also misaligned at the time of the inspection this location was to the right of the stove. Measurements were taken showing a varied overhang of the installed counter top along the misaligned cabinets.

Master linen closet was previously addressed and trim was added in this area. New allegation for the area is that the doors do not properly function.

Functionality was tested and the doors now hit the trim and doors do not function as intended.

Respondent should diligently inspect the cabinet installation and ensure that filler boards are installed as needed and the installed cabinets remain appropriately sized for the installed location and all doors and drawers function properly.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(B) Building Codes/Prof. Industry Standards

Complaint Item: 2 - Cabinets not installed in accordance with Master bath shower slope, shower drain is plugged, drain permanently installed.

Investigator’s Observation:

At the time of the inspection the a measurement of the slope of the master shower was taken using a level. The front corner nearest to the tub did slope away from the drain in the shower. Workmanship standards state - If shower floors and tubs do not slope to drain the respondent should make necessary repairs.

It is also noted that the drain in the master bath shower was filled with debris and the drain cover had been covered with grout resulting the inability to remove and clean drain properly. These items should also be addressed with the slope item.

Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(A) Workmanship

Complaint Item: 3 - Kitchen Pot filler,

Investigator’s Observation:

At the time of the inspection the pot filler height measures 27 inches above the kitchen stove. This is much higher than the standard height of around 12 - 18 inch standard height which would lead to the splashing of water onto the cooking surface as described by the complainant. Allegation of excessive height is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(B) Building Codes/Prof. Industry Standards

Complaint Item: 6 - Patio Ceiling fans installed under lights.

Investigator’s Observation:

At the time of the inspection the ceiling fans had been installed below patio lighting which would result in a strobe like effect when both items are on at the same time. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

A.R.S. § 32-1154(A)(3) - R4-9-108(A) Workmanship

Complaint Item: 7 - Downstairs shower drain.

Investigator’s Observation:

At the time of the inspection the downstairs drain had been grouted in permanently not allowing removal for cleaning and access to drain. Allegation is verified. Respondent shall correct by the appropriate means.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(B) Building Codes/Prof. Industry Standards. . .

As to this Directive, Investigator Avila testified that Complainant informed him that no work had been completed, and that Mr. Chu sent an email informing him that Respondent could not comply with the Directive as Respondent had insufficient funds.

Investigator Avila conclude his testimony by stating that that complaint was in the “Answer” stage of the process.

Linda Minch testified that during this remodel she was displaced several times as the job took much longer than estimated. Further, Mrs. Minch testified that she did not accept the corrections which were performed and that her house looked like a “Habitat for Humanity” house as items were mismatched, and that he house was just not the same as it was before the remodel. While some corrective work had been performed, there was still paint bleeding through on the baseboards and various touch ups were required.

Mr. Chu testified that he was now not disputing any of the items of either Directive and has let the bond lapse on all but one of his licenses and is no longer in the construction business.

Chris Mondaca testified that he was the Qualifying Party on the licenses. Mr. Mondaca testified that Respondent attempted to correct all the items and that the project was substantially completed. In addition, Mr. Mondaca testified that while he did not disagree with either of the Directives, he trusted his workers in install everything correctly and he tried to supervise to ensure the same.

Complainant testified that the work was still in the same condition as when Investigator Avila completed his compliance jobsite inspection.

Administrative notice was taken of Respondent’s prior License record on July 2, 2026. Such prior License record reflected that Respondent’s License Nos. 306146 and 337532 were first issued on June 21, 2016 and April 7, 2022, respectively, and were suspended as on April 13, 2026 due to non-renewal of the license. The license record also reflected that there was one open case, namely the present case.

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 there was a violation of A.R.S. § 32-1154(A)(3) – R4-9-108(A),.

Finally, the preponderance of the evidence credibly established that not all items were completed, and on ethe second Directive, no corrective work was undertaken. Therefore, Complainant established that Respondent failed to fully take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke Respondent’s License Nos. 306146 and 337532.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty days following the effective date of the Registrar’s final order, the Registrar revoke Respondent’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Respondent, as defined in A.R.S. § 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, July 2, 2026.

/s/ Adam D. Stone

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Natalia A. Garrett

VEDU PLC

[email redacted]

[email redacted]

Painting Brush Remodel LLC

[email redacted]

[email redacted]

By: OAH Staff