ALJDEC - Licensing

2025A-01611-CHC-ROC · Registrar of Contractors · 2025-07-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jearel Wayne Garrett, Jr.

Superior Concrete Solutions LLC,

COMPLAINANT,

v.

Rvca Pool Tile, LLC

License No. ROC 330336,

RESPONDENT.

No. 2025A-01611-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 10, 2025

APPEARANCES: Complainant Jearel Wayne Garrett, Jr. appeared on his own behalf. Rosa Quintana and Ramon Vega appeared on behalf of Respondent Rvca Pool Tile, LLC. Arizona Registrar of Contractors Investigator Lisa Melton appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: Complainant Jearel Wayne Garrett, Jr.’s Exhibits 1 and 2; Administrative Notice taken of Agency Record

FINDINGS OF FACT

Rvca Pool Tile, LLC (“Respondent”) is the holder of License Number 330336, Specialty Dual CR-48 Ceramic, Plastic and Metal Tile, issued by the Arizona Registrar of Contractors (“Registrar”). Ramon Vega-Castro is Respondent’s Qualifying Party and Manager, and Rosa Noris Quintana is Respondent’s owner.

In or about March 2023, Respondent contracted with Southwest Backyard Solutions to perform a pool remodel, the installation of a fire pit, and the construction of a 288 square foot CMU barbeque at Jearel Wayne Garrett, Jr.’s (“Complainant”) home. Complainant is the Qualifying Party and Manager for Superior Concrete Solutions, LLC. The work performed was at Complainant’s personal home.

On or about February 18, 2025, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.

The Registrar assigned the Complaint to Investigator Mike Wiskow. After a March 31, 2025 Jobsite Inspection, Investigator Wiskow issued a Written Directive to Respondent dated April 7, 2025, 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 Wednesday, April 23, 2025.

RESTRICTIONS

You may not perform or hire other contractors to perform work that is outside the scope of your license.

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

Complaint Item: 1 - Poor installation on ceramic tile.

Investigator’s Observation: Confirmed. The tile set on the concrete has hollow sounds as well as some pieces are loose.

The tile should not be hollow loose.

Contractor should repair by appropriate means.

Complaint Item: 2 - Concrete counter top was poorly installed and cracked in multiple spots.

Investigator’s Observation: Confirmed. The concrete has several cracks as well as an unsightly finish.

Contractor should repair by appropriate means.

Complaint Item: 3 - Concrete sealer was improperly applied causing an uneven finish.

Investigator’s Observation: Confirmed. The sealer on the concrete is unsightly. Concrete sealer should not have a wavy appearance.

Contractor should repair by appropriate means.

All errors in original.

After the expiration of the deadline for compliance with the Written Directive, Investigator Wiskow ascertained that Respondent had not performed the required corrective work, as documented in Compliance Notes as follows:

Compliance Jobsite General Notes: Called respondent. No work has been completed. Respondent sent me information to verify concrete countertop was completed longer than 2 years from the date of the complaint. There was no information that verified this. If the respondent can produce a load ticket for the concrete, that would serve as proof for the date of completion.

Thereafter, Investigator Wiskow forwarded the Complaint to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(a), and A.R.S. § 32-1154(A)(22).

Respondent timely filed a written Answer to the Citation and the matter was referred to the Office of Administrative Hearing, an independent State agency, for an administrative hearing.

Investigator Lisa Melton appeared at hearing and provided testimony, as Investigator Wiskow is no longer employed by the Registrar. Investigator Melton testified that Respondent was compensated by Southwest Backyard Solutions, however, anyone can file a complaint with the Registrar, and in this case, Complainant is the homeowner.

Investigator Melton testified that the concrete work performed on the barbeque was outside the scope of Respondent’s license. Respondent was not cited with a violation of the statute concerning contracting beyond the scope of licensure. However, the Registrar will not permit corrective work to be completed by a contractor without the appropriate licensure.

Investigator Melton testified that Respondent was responsible for ensuring that the appropriate material was supplied for the project and that Respondent did not provide any evidence to the Registrar to substantiate its claim that there was an issue with the concrete used for the barbeque, nor was any evidence provided that power washing caused an issue with the sand for the pavers. Further, the tiles were hollow sounding and were moving, both of which conditions are more likely than not attributable to the base course, not the sand between the pavers. No evidence was presented establishing that the hollow sound is attributable to bent tile. Respondent is responsible for the substrate upon which it preforms an installation and for installing appropriate and undamaged materials.

Investigator Melton opined that based upon her review of the matter, Respondent performed poor work and failed to comply with the Written Directive. Investigator Melton testified that Respondent could have, at a minimum, complied with Written Directive Item Number 1, as it was properly licensed to perform this item of corrective work.

Complainant testified and provided the load ticket, as well as time stamped photographs as evidence, establishing that the cement was loaded into the truck at 6:46 a.m., arrived on site at 7:22 a.m., and was finished unloading the material at 8:07 a.m., for a total time of 81 minutes, which is within the 90 minute window for cement delivery.

Ms. Quintana testified that Respondent was subcontracted by Southwest Backyard Solutions and performed tile, paver, and concrete work. Ms. Quintana admitted that Respondent is not licensed to perform concrete work. Ms. Quintana acknowledged that the barbeque was poorly constructed and understood that Respondent could not perform repair work due to not being properly licensed. Ms. Quintana asserted that the barbeque countertop workmanship was good and blamed any deficiencies on the materials provided and the outside temperature at the time. However, Respondent, as the licensed contractor, accepted the materials, fully aware of the time and temperature, and proceeded to utilize the materials notwithstanding such.

Administrative notice is taken of Respondent’s prior License record on July 24, 2025. Such prior License record reflects that Respondent’s License Number 330336 was first issued on August 25, 2020, and is active. Such prior License record reflects that there are two open complaints, including the instant Complaint, there are no resolved/settled complaints, and no complaints 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 is such proof as convinces the trier of fact that the contention is more probably true than not.”

The evidence established that Respondent’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project 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 evidence established that Respondent did not complete the corrective work following the Written Directive being issued and acknowledged such. Further, Respondent failed to establish any affirmative defense to establish valid justification for such failure. Therefore, Complainant 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).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 330336 for a period of ten (10) days.

It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).

It is further recommended that if Respondent fails to pay the entire amount of the civil penalty on or before thirty (30) 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 A.R.S. § 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, July 25, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Jearel Wayne Garrett, Jr.

Superior Concrete Solutions LLC

[email redacted]

Rvca Pool Tile, LLC

[email redacted]

By: OAH Staff