ALJDEC - Licensing
2024A-10387-CHC-ROC · Registrar of Contractors · 2025-06-09
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Cole Hutchens
COMPLAINANT,
v.
Van Ulland HVAC LLC,
License No. ROC 336119,
RESPONDENT.
No. 2024A-10387-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 20, 2025
APPEARANCES: Cole Hutchens (hereinafter “Complainant”) appeared on behalf of himself. Ace Van Ulland appeared on behalf of Van Ulland HVAC LLC (hereinafter “Respondent”).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
1. On March 3, 2023, Complainant and Respondent entered into a residential remodeling contract for the amount of $13,765.00. Complainant paid Respondent in full for the construction.
2. On March 3, 2023, Respondent started work.
3. On December 21, 2023, Respondent stopped work.
4. On or September 10, 2024, Complainant filed a complaint with the Arizona Registrar of Contractors, (hereinafter “Registrar” or “ROC”), alleging poor workmanship on the part of Respondent.
5. The Registrar assigned the complaint to one of its investigators, Mark Nipp (hereinafter “Investigator Nipp”).
6. On October 15, 2024, Investigator Nipp conducted a job-site inspection.
7. On November 7, 2024, the Registrar issued a Directive to Respondent that provided, in relevant, 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, an 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 Monday, November 25, 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 reasons1, 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 #4: Improperly installed. Combined with Complaint Item #5 -
Exposed copper wires.
Investigator’s Observation: Verified
The Complainant explained that he used the word ‘wire’ but meant the refrigerant
line-set. The Complainant indicated he believed the refrigerant line-set should be
insulated. I saw that the refrigerant line-set was not insulated as required by International Residential Code (IRC), Section 1411.6.
The respondent should correct by appropriate means, pursuant to the contract,
applicable building codes, and within the scope of their license.
Reference Picture(s) 2-4
Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted
by the registrar; Namely R 4-9-108(a): A contractor shall perform work
in a professional and workmanlike manner.
Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or
disregard of: (b) A building code. Namely, IRC Section 1411.6.
Complaint Item #7: Not accessible for diagnosis or repair.
Investigator’s Observation: Verified
The Complainant further explained that the ceiling unit (bathroom) was installed
with the bottom of the unit covered in drywall and that the unit is serviced by
accessing the bottom of the unit.
I saw that the bottom of the unit was only accessible by removing the entire unit
and removing drywall. There was an access panel on the side; however, normal
service cannot be done without access to the bottom of the unit. International
Residential Code (IRC), Section 1305.1 requires that appliances be located to
allow access for inspection, service, repair, and replacement without removing
permanent construction, other piping/ducts, not connected to the appliance.
The respondent should correct by appropriate means, pursuant to the contract,
applicable building codes, and within the scope of their license.
Reference Picture(s) 5-8
Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted
by the registrar; Namely R 4-9-108(a): A contractor shall perform work
in a professional and workmanlike manner.
Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or
disregard of: (b) A building code. Namely IRC 1305.1.
8. On February 12, 2025, Complainant filed an amendment to the complaint.
9. On February 12, 2025, Investigator Nipp issued an Amended Directive to include the addendum item. Investigator Nipp extended the deadline to comply with the Amended Directive to 5:00 p.m. on March 3, 2025. The Amended Directive provided, in relevant part, as follows:
You are directed to remedy the following violations by the appropriate means:
Complaint Item #4: Improperly installed. Combined with Complaint Item #5 -
Exposed copper wires.
Investigator’s Observation: Verified
The Complainant explained that he used the word ‘wire’ but meant the refrigerant
line-set. The Complainant indicated he believed the refrigerant line-set should be
insulated.
I saw that the refrigerant line-set was not insulated as required by International
Residential Code (IRC), Section 1411.6.
The respondent should correct by appropriate means, pursuant to the contract,
applicable building codes, and within the scope of their license.
Reference Picture(s) 2-4
Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted
by the registrar; Namely R 4-9-108(a): A contractor shall perform work
in a professional and workmanlike manner.
Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or
disregard of: (b) A building code. Namely, IRC Section 1411.6.
Complaint Item #7: Not accessible for diagnosis or repair.
Investigator’s Observation: Verified
The Complainant reached out and asked if both units could be included in this
complaint item as both are installed without proper access for maintenance/repair.
The Complainant provided the manufacturer’s installation manual to substantiate
his claim. I reviewed the manufacturer’s installation manual
(20250212_ADUH09-18LUAS1_Installation Manual - En_2024-10387.pdf) and
noted that Section 3.2.1 Ceiling Concealed Type (Installation Dimensions) require
that adequate space be provided (6-12 inches). It should be noted that I originally
mistakenly told the Complainant that he had not included both units in this
complaint item. Upon further review, neither was specified and inclusion of both
units is appropriate.
The Complainant further explained that the ceiling unit (bathroom/laundry room)
was installed with the bottom of the unit covered in drywall and that the unit is serviced by accessing the bottom of the unit. Neither unit is installed with adequate space required for maintenance/repair. I saw that the bottom of the unit was only accessible by removing the entire unit and removing drywall. There was an access panel on the side; however, normal service cannot be done without access to the bottom of the unit.
I saw that the laundry room unit had some accessibility from the bottom; however
there was no access from the sides making maintenance/repairs impossible
without removal of a substantial amount of permanently constructed ceiling.
International Residential Code (IRC), Section 1305.1 requires that appliances be
located to allow access for inspection, service, repair, and replacement without
removing permanent construction, other piping/ducts, not connected to the
appliance.
The respondent should correct by appropriate means, pursuant to the contract,
applicable building codes, and within the scope of their license.
Reference Picture(s) 5-8
Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted
by the registrar; Namely R 4-9-108(a): A contractor shall perform work
in a professional and workmanlike manner.
Governing Rule: A.R.S. § 32-1154 (A)(2)(b): Departure from or
disregard of: (b) A building code. Namely IRC 1305.1.
10. Respondent appropriately corrected complaint item 4. See Investigator Nipp’s testimony on the hearing audio record at 12:30 to 13:25 minutes. Respondent failed to correct complaint item 7. See id.
11. On March 20, 2025, the ROC issued a Citation against Respondent’s license for alleged violations of Ariz. Rev. Stat. §§ 32-1154(A)(2)(b), (3), and (22); Ariz. Admin. Code § R4-9-108(A).
12. Respondent filed a timely answer to the Citation.
13. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
14. A hearing was held on May 20, 2025.
15. At hearing, Complainant stated that he agreed with the findings of Investigator Nipp. Mr. Ulland did not dispute the findings of Investigator Nipp. Mr. Ulland stated that Respondent could not determine where access was needed. Mr. Ulland requested another opportunity to come to the home and work on the unit.
16. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on June 9, 2025, Respondent’s license was first issued on December 30, 2021, and is active. Such prior License record also shows that there is only one open complaint against Respondent. Respondent’s license has never been disciplined. The lack of prior discipline taken is considered a mitigating factor in imposing discipline.
CONCLUSIONS OF LAW
This matter lies within the ROC’s jurisdiction. See Ariz. Rev. Stat. § 32-1101 et seq.
The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.
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).
4. The Administrative Law Judge may consider the ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.
5. The preponderance of the evidence shows that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(2)(b).
6. The preponderance of the evidence shows that Respondent failed to perform the work in a professional and workmanlike manner, which is a violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code § R4-9-108(A).
7. It is undisputed that Respondent correctly repaired complaint item 4.
However, the preponderance of the evidence shows that Respondent failed to correct complaint item 7 in the Registrar’s Amended Directive without valid justification, which is a violation of Ariz. Rev. Stat. §§ 32-1154(A)(22).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Van Ulland HVAC LLC’s license number 336119 for two days. It is further recommended that the Registrar require Respondent to pay the sum of $250.00 as a civil penalty pursuant to Ariz. Rev. Stat. § 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 Ariz. Rev. Stat. § 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, June 9, 2025.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Cole Hutchens
[email redacted]
Van Ulland HVAC LLC
[email redacted]
By: OAH Staff