ALJDEC - Licensing
2025A-00101-CHC-ROC · Registrar of Contractors · 2025-12-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Ron Sowers,
COMPLAINANT,
v.
Plum Custom Landscapes and Design LLC,
License No. ROC 278150,
RESPONDENT.
No. 2025A-00101-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 17, 2025. Record held open until November 21, 2025.
APPEARANCES:
For Complainant: Ron Sowers.
For Respondent: Joey Galea.
For the Registrar of Contractors: David Fagerberg.
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.
_____________________________________________________________________
FINDINGS OF FACT
Plum Custom Landscapes and Design LLC (Respondent) was the holder of License No. 278150 issued by the Arizona Registrar of Contractors (Registrar) on May 3, 2012. The license had two disciplined cases and one open complaint.
On or about March 21, 2023, Ron Sowers (Complainant) entered into a contract with Respondent for the installation of turf.
On or about January 3, 2025, Complainant filed a Licensed Complaint Form with the Registrar, claiming poor work.
The Registrar assigned the complaint to Investigator David Fagerberg, who conducted a noticed Jobsite Inspection on January 30, 2025.
Following the inspection, Investigator Fagerberg issued a Written Directive From the Registrar to Respondent on February 7, 2025, directing Respondent to remedy the identified violations by the appropriate means.
Respondent completed the work, and the complaint was closed.
The complaint was reopened on July 30, 2025, and another noticed Jobsite Inspection was conducted on August 14, 2025.
Following the inspection, Investigator Fagerberg issued a Written Directive From the Registrar to Respondent on August 21, 2025, directing Respondent to remedy the identified violations by the appropriate means.
Respondent did not correct the identified items by appropriate means.
On September 16, 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), and A.R.S. § 32-1154(A)(22).
Respondent submitted an Answer to the Citation on October 1, 2025.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
On October 17, 2025, the Registrar issued a Notice of Hearing on Contested Case setting the matter for hearing.
Investigator Fagerberg testified in support of his findings. He testified that Respondent accepted the surface and the materials provided by Complainant for the job. He testified that no specific written waiver was provided.
Respondent’s witness testified that that Respondent was only hired for the installation of the turf product, and Complainant purchased the wrong product for an indoor gym. He also testified that Complainant did not give the glue enough time to set before using the repaired area; he argued that caused the repairs to fail.
Complainant testified that no one was on the turf for more than 24 hours after the repairs were made.
The record was held open for several days to give Respondent time to provide written communications that he informed Complainant the turf was not correct for the intended use. Respondent did not provide any written communications.
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.”
A contractor accepts the surface upon which they work and materials provided to them. Prior to performing work, a contractor should inspect the surface and materials for flaws or defects that would affect the work to be performed; if the surface or materials are unacceptable, the contractor should call the defect to the owner’s attention so that the owner can choose to pay for corrective work or for the contractor to request a warranty disclaimer.
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 preponderance of the evidence did not support that Complainant used the turf before the glue had set. The preponderance of the evidence did not support that Respondent got a waiver from Complainant for the type of turf.
“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 two days Respondent’s License No. 278150.
It is further recommended that the Registrar require Respondent to pay the sum of $100.00 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, December 8, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Plum Custom Landscapes and Design LLC
[email redacted]
David Fagerburg
[email redacted]
Ron Sowers
[email redacted]
By: OAH Staff