ALJDEC - Licensing

2024A-13765-CHC-ROC · Registrar of Contractors · 2025-05-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jelena Milesic,

COMPLAINANT,

v.

MAC Granite LLC,

License No. ROC 303092,

RESPONDENT.

No. 2024A-13765-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 15, 2025.

APPEARANCES:

For Complainant: Jelena Milesic.

For Respondent: Joe Nemus.

For the Registrar of Contractors: Mike Wiskow.

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 Exhibit packet.

_____________________________________________________________________

FINDINGS OF FACT

MAC Granite, LLC, (Respondent) was the holder of License No. 303092 issued by the Arizona Registrar of Contractors (Registrar) on February 9, 2016.

On or about November 15, 2024, Jelena Milesic (Complainant) entered into an agreement with Respondent for, among other things, installing counter tops. The parties did not have a written contract.

On or about December 18, 2024, Complainant filed a Licensed Complaint Form with the Registrar, claiming abandonment and poor work.

The Registrar assigned the complaint to Investigator Wiskow, who issued a Jobsite Inspection Notice on December 26, 2024, scheduling the inspection for January 29, 2025.

Investigator Wiskow conducted the jobsite inspection on January 29, 2025. Following the inspection, Investigator Wiskow issued a Written Directive From the Registrar to Respondent on January 30, 2025 that provided as follows:

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

Complaint Item: 1 - Gaps between backsplash and countertops

Investigator’s Observation: Confirmed. The corners should be sealed with a product that matches the tops.

Contractor should repair by 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 -Window sills not level

Investigator’s Observation: Confirmed. The left sill is out of level. It should be level with a slight pitch away from the window.

Contractor should repair by 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 - Plywood is visible under sinks

Investigator’s Observation: Confirmed at the kitchen. There should be a more esthetically pleasing way to install the sink. Contractor should repair by 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: 8 - Gaps between sink and countertops

Investigator’s Observation: Confirmed. The gaps are not too wide, but they nead to be sealed.

Contractor should repair by 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.

The Written Directive required Respondent to notify Investigator Wiskow of Respondent’s compliance with the directive prior to 5:00 p.m. on February 17, 2025.

On February 19, 2025, Respondent informed Investigator Wiskow that no corrective work had been performed on the project.

On February 20, 2025, the Registrar issued a Citation against Respondent, finding cause to charge Respondent with violations of A.R.S. § 32-1154(A)(3), specifically A.A.C. R4-9-108(A) A.R.S.; § 32-1154(A)(12), specifically, A.R.S. § 32-1158; and A.R.S. § 32-1154(A)(22).

Respondent submitted an Answer to the Citation on February 25, 2025.

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

On March 12, 2025, the Registrar issued a Notice of Hearing on Contested Case setting the hearing for April 15, 2025.

The hearing was held via Google Meet on April 15, 2025.

Investigator Wiskow testified in support of the above.

Complainant testified that she agreed with the investigator’s assessment. She also testified to work she believed should have been included.

Respondent testified that he thought Complainant had granted him an extension of time because he had to leave town for family issues. He testified that the Directive compliance items were small and would be easy to correct.

Administrative notice was taken of Respondent’s prior License record on May 5, 2025. According to that record, Respondent’s License No. 303092 was active, and the above-entitled matter was the only complaint 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. 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.”

For the purposes of this hearing, Respondent only had notice of the alleged violations in the Citation. Accordingly, this Tribunal can only find violations of law that appeared in the Citation. Only alleged violations identified by the Investigator and deemed uncorrected are noticed in the Citation: as stated in the Citation, “[t]he Registrar investigated this matter and [found] cause to charge Respondent with violation(s).” Where the investigator did not find cause to charge Respondent, charges were not incorporated into the Citation. The Registrar’s process provides the Respondent an opportunity to correct its deficient work by appropriate means; without that opportunity, the alleged deficiency is not ripe for hearing.

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), specifically regarding Compliance Items 1, 2, 7, and 8.

The preponderance of the evidence established that Respondent failed to comply with this chapter in violation of A.R.S. § 32-1154(A)(12), namely the contract requirements in A.R.S. § 32-1158.

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), specifically regarding Compliance Items 1, 2, 7, and 8.

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. 303092.

No Civil Penalty is deemed appropriate in this matter.

It is further recommended that within thirty days of the effective date of the Order Respondent shall provide an amended contract to the Registrar which establishes compliance with the requirements in A.R.S. § 32-1158. If Respondent fails to comply, Respondent’s license shall be suspended until it provides a compliant contract.

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, May 5, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Mike Wiskow

[email redacted]

Jelena Milesic

[email redacted]

MAC Granite LLC

[email redacted]

By: OAH Staff