ALJDEC - Licensing

2024A-13123-ROC · Registrar of Contractors · 2025-08-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Steven D Burns,

COMPLAINANT,

v.

Sharp Manufacturing and Contracting LLC,

License No. ROC 294252,

RESPONDENT.

No. 2024A-13123-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 22, 2025 at 9:00am

APPEARANCES: Complainant Steven Burns on his own behalf with witness Deborah Burns. William Norton on behalf of Respondent Sharp Manufacturing and Contracting LLC with witness Alan Norton. Investigator Joey Chester on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”). Administrative Notice of the Arizona Workmanship Standards.

FINDINGS OF FACT

Sharp Manufacturing and Contracting LLC (“Respondent”) is the holder of License No. ROC 294252 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about June 10, 2024, Steven D. Burns (“Complainant”) entered into a contract with Respondent for, among other things, a stamped concrete project. The original contract amount totaled about $32,702.00. The project was a residential project located at the Burns home in Phoenix, Arizona, which consisted of approximately 2,500 square feet of concrete.

On or about November 16, 2024, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.

The Registrar assigned the complaint to Investigator Joey Chester. On January 8, 2025, a jobsite inspection occurred with both parties present. Complainant submitted an addendum and an addendum inspection was held on February 28, 2025.

On March 7, 2025, after the jobsite and addendum inspections, Investigator Chester issued a Written Directive to Respondent that provided 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 Friday, April 4, 2025.

. . . .

DIRECTIVE REQUIREMENTS

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

Complaint Item 18: Sealer may be compromised and need to be reapplied.

Investigator’s Observation: At the time of the addendum inspection the steps near the pool were rough compared to the smooth of the rest of the concrete, respondent will need to correct by appropriate means.

Governing Rule: ARS §32-1154(A)(3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Following the issuance of the Written Directive, Complainant did not come back to the property. After the deadline in the directive expired, Investigator Chester was notified that no corrective work had been performed.

On April 15, 2025, the Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A); and Ariz. Rev. Stat. § 32-1154(A)(22).

Hearing Evidence

Investigator Chester testified that the only thing that he requested Respondent to correct were the steps by the pool due to an inadequate finish. Investigator Chester further testified that “[t]he feel of the steps, along with a little bit under the step there, didn’t have the same finish along with the roughness that I felt that at that time that I didn’t feel on other steps, this is the only area that I asked for to be redone.”

Complainant testified that this was a large project that included the pool area and Jacuzzi. Complainant further testified there were some “coloration” issues and “no corrective work was done and no communication.”

Alan Norton, principal owner, on behalf of Respondent testified that he has been in the stamped concrete business for about 37 years. Respondent’s showroom that Complainant visited was located in Chandler, Arizona. Mr. Norton testified to the process of stamped concrete, having primarily used Portland cement, and one of the last steps was to use rubber mats to stamp patterns into the cement. Mr. Norton stated there were “no sealer issues,” and typically when you rub your hand on some areas they can be rougher because sand and gravel are naturally abrasive materials and it was natural to have inconsistencies in texture and roughness.

William Norton (“Manager”), principal owner/partner and business manager, represented and testified on behalf of Respondent. Manager agreed with Mr. Norton’s testimony and testified that he personally worked on the repairs and saw no “compromised sealer.” Manager testified that when there were “white or lighter areas” on the stone he filled in those “spots” on his own and they were “never pointed out to us.” All of the repairs were performed on February 17-19, 2025, after Respondent received the addendum items from Investigator Chester on February 3, 2025. Manager further testified that a base color was added to the wet concrete, then a secondary color was added as a release agent, and then the concrete was sealed. Manager stated that this multi-color process was to imitate stone and that the colors could change and the process was “organic.”

Administrative notice is taken of Respondent’s prior License record on July 22, 2025. Such prior License record reflects that Respondent’s License No. ROC 294252 was first issued on September 9, 2014, and is Active. Such prior License record also reflects that there were three open complaints and one complaint resulting in discipline against Respondent’s license.

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. A preponderance of the evidence means “[p]roof which leads the trier of fact to find that the existence of the contested fact is more probable than its nonexistence.”

In this case, the only issue before the Tribunal was Complaint Item 18. The weight of the evidence favors Respondent’s testimony because of the experience of Manager and Mr. Norton and the explanation they provided on the stamped concrete process. The one photo presented did not establish that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant failed to establish that Respondent did not complete the project in a workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

The evidence established that Respondent completed all of the remaining corrective work after the addendum items were issued. Therefore, Complainant failed to establish that Respondent did not take appropriate corrective action following a written directive from the Registrar in violation of Ariz. Rev. Stat. § 32-1154(A)(22) and because of the reasons specified, discipline is not warranted.

RECOMMENDED ORDER

Based on the foregoing,

It is recommended that on the effective date of the Registrar’s Final Order in this matter, the Registrar close Complainant’s complaint in Case No. 2024-13123 against Respondent’s License No. ROC 294252.

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, August 11, 2025.

/s/ Nicole Robinson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Joey Chester

[email redacted]

Steven D Burns

1815 E Windrose Drive

Phoenix, AZ 85022

[email redacted]

Sharp Manufacturing and Contracting LLC

128 W Boxelder Pl Ste 105

Chandler, AZ 85225

[email redacted]

[email redacted]

By: OAH Staff