ALJDEC - Licensing

2024A-12836-CHC-ROC · Registrar of Contractors · 2025-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jacob Dunlap,

COMPLAINANT,

v.

TN Holdings, LLC,

DBA: Fresh Home Solutions,

License No. ROC 324312,

RESPONDENT.

No. 2024A-12836-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 18, 2025.

APPEARANCES:

For Complainant: Jacob Dunlap.

For Respondent: Nicole Reidhead.

For the Registrar of Contractors: Gregory Johndrow.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Notice of Hearing Packet submitted by the Registrar of Contractors. Complainant’s Exhibits 1–3.

_____________________________________________________________________

FINDINGS OF FACT

TN Holdings, LLC, DBA: Fresh Home Solutions (Respondent) was the holder of License No. 324312 issued by the Arizona Registrar of Contractors (Registrar) on April 25, 2019.

On or about January 1, 2023, Jacob Dunlap (Complainant) entered into a contract with Respondent for, among other things, remove and replace a roof.

On or about November 20, 2024, Complainant filed a Licensed Complaint Form with the Registrar.

The Registrar assigned the complaint to Investigator Gregory Johndrow, who conducted a jobsite inspection on February 13, 2025. On February 19, 2025, Investigator Johndrow issued a Written Directive From the Registrar to Respondent, requiring Respondent to remedy the identified violations by appropriate means by March 11, 2025.

Complainant informed Investigator Johndrow that no corrective work had been performed on the project.

On March 26, 2025, the Registrar issued a Citation against Respondent, finding cause to charge Respondent with violations of A.R.S. § 32-1154(A)(3), specifically R4-9-108(A), and A.R.S. § 32-1154(A)(22).

On March 27, 2025, Respondent submitted an Answer to the Citation.

The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

Respondent’s witness agreed about the workmanship issues and agreed that Respondent had not corrected the work. She testified that Respondent thought it would have more time: it planned to correct the Directive items while performing additional corrective work that it intended to perform. Respondent’s witness expressed remorse on behalf of Respondent.

Administrative notice was taken of Respondent’s prior License record on June 19, 2025. According to that record, Respondent’s License No. 324312 was active, having one open and one disciplined case in the record.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. Respondent bears the burden of proof to establish an affirmative defense 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 preponderance of the evidence established that Respondent failed to perform all work in a professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

The preponderance of the evidence established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in violation of A.R.S. § 32-1154(A)(22).

“The registrar may impose a civil penalty of not to exceed $500 on a contractor for each violation of subsection A, paragraph 22 of this section.” If a licensee fails to pay the civil penalty, their license is automatically revoked “thirty days after the effective date of the order providing for the civil penalty.” Additionally, any “person who is or was named on a license. . . may not receive a new license under this chapter until the entire civil penalty is paid.”

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend for one day Respondent’s License No. 324312.

It is further recommended that the Registrar require Respondent to pay the sum of $200.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

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 23, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Jacob Dunlap

[email redacted]

Gregory Johndrow

[email redacted]

TN Holdings, LLC

DBA: Fresh Home Solutions

[email redacted]

By: OAH Staff