ALJDEC - Licensing

2025A-01148-ROC · Registrar of Contractors · 2025-06-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Valon Limani

COMPLAINANT,

v.

Renova LLC

DBA: Garage Doors America,

License No. ROC 271084,

RESPONDENT.

No. 2025A-01148-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 19, 2025

APPEARANCES: Valon Limani (hereinafter “Complainant”) appeared on behalf of himself. Scott Stapleton appeared on behalf of Renova LLC DBA: Garage Doors America (hereinafter “Respondent”).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. Respondent agreed to install garage doors at Complainant’s home for an amount that exceeded $1,000.00.

2. On May 24, 2024, Respondent started work.

3. On November 4, 2024, Respondent stopped work.

4. On or about February 3, 2025, Complainant filed a Complaint with the

Registrar alleging poor work on the part of Respondent.

5. On March 5, 2025, John Chester, an investigator for the Arizona Registrar of Contractors (hereinafter “Registrar” or “ROC”), conducted a job-site inspection.

6. On March 6, 2025, 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, 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 Thursday, March 27, 2025.

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 1: - garage door not flush. there is a gap

Investigator’s Observation: At the time of the inspection both garage doors were not flush when close and had gaps along sides and top of the doors. Respondent will need to fix by appropriate means.

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

Complaint Item 2: - garage opener Light will not turn on even when there is

motion in front of it on one of the openers

Investigator’s Observation: Garage opener light would not turn during opening

and closing operation, 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.

Complaint Item 3: - Torsion bar supplied by garage doors america is now bent and not shutting properly.

Investigator’s Observation: At time of inspection, one torsion bar is bent on

garage door and makes garage opener shake while opening and closing door,

respondent will need to fix by appropriate means.

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

...........................................

7. Respondent failed to correct the items listed in the Directive by the due

date.

8. On April 15, 2025, the Registrar issued a Citation against Respondent’s

license alleging that Respondent violated Ariz. Rev. Stat. section 32-1154(A)(3) (specifically, Ariz. Admin. Code section R4-9-108(A); Ariz. Rev. Stat. section 32-1154(A)(22).

9. Respondent filed a timely answer the Citation.

10. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.

11. A hearing was held on June 19, 2025.

12. At hearing, Investigator Chester testified consistently with his job-site inspection notes. Complainant testified on behalf of himself. Mr. Stapleton testified on behalf of Respondent.

13. Complainant asserted that Respondent improperly installed garage doors at his home. Complainant stated that the operator was not removed and that no one was performing drywall work when Respondent made repairs to the doors. Complainant stated that a technician from A1 Garage and Doors inspected his garage doors and told him that he doors were not installed properly.

14. Mr. Stapleton asserted that Respondent correctly installed garage doors on Complainant’s home. Mr. Stapleton stated that the first time he returned to Complainant’s home to repair the doors, he observed individuals performing drywall work. Mr. Stapleton alleged that the individuals performing the drywall took the operator off of the jack shaft. Mr. Stapleton stated that Respondent repaired Complainant’s garage doors. However, Complainant complained again about the garage doors malfunctioning and Respondent returned 2-3 additional times to make repairs.

15. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on June 20, 2025, Respondent’s license was first issued on April 5, 2011, and is suspended. 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 Registrar’s jurisdiction. See A.R.S. § 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.

3. The suspended status of Respondent’s license does not deprive Complainant of his right to prosecute his complaint against Respondent or prevent the Registrar from determining the merits of Complainant’s complaint. This dispute lies within the Registrar’s jurisdiction to resolve.

The Administrative Law Judge may consider ROC’s administrative record. See Ariz. Admin. Code § R4-9-118.

4. 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).

5. 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. section 32-1154(A)(3), namely A.A.C. R4-9-108(A). Respondent did not establish that the deficiencies in Complainant’s garage doors were caused by Complainant’s drywall workers.

6. The preponderance of the evidence shows that Respondent failed to

correct the items listed in the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 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 ROC License: No. 271084 held by Renova LLC DBA: Garage Doors America for three 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. section 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. sections 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 20, 2025.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Renova LLC

[email redacted]

[email redacted]

Valon Limani

[email redacted]

By: OAH Staff