ALJDEC - Licensing
2025A-01797-CHC-ROC · Registrar of Contractors · 2026-03-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Justin and Kathy Ritenour,
COMPLAINANT.
v.
Freedom Pools LLC,
License No. ROC 272170,
RESPONDENT.
No. 2025A-01797-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 10, 2026
APPEARANCES: Kathy Ritenour appeared on behalf of herself. Jason Merrell appeared on behalf of Freedom Pools, LLC (Freedom).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice is taken of the hearing packet submitted by the Arizona Registrar of Contractors (Registrar).
_____________________________________________________________________
FINDINGS OF FACT
On or about June 20, 2022, Freedom agreed to perform construction work at the home of Justin and Kahy Ritenour and Kathy Ritenour for the amount of $350,000.
Jason Merrell (Mr. Merrell) is Freedom’s qualifying party.
Freedom started work on June 20, 2022.
Freedom completed construction on February 20, 2025.
On or about February 20, 2025, Justin Ritenour filed a complaint
with the Registrar alleging poor workmanship on the part of Freedom.
The Registrar assigned the complaint to Patricia Schuette, an investigator for the Registrar (Investigator Schuette).
On or about April 3, 2025, Investigator Schuette conducted a job-site inspection.
On April 30, 2025, the Registrar issued a Citation against Freedom’s license 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 May 30, 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 - plumbing for pool not done correctly and pool doesnt clean w/o repair must be replumbed
Investigator’s Observation: Partially verified. The 6 port valve actuator does not appear to be operating correctly with the pool pump. The complainant sent video showing the port actuator operating with the pump on and still operating with the power turned off to the pump. Freedom to identify the cause and correct within 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 – in pool cleaning not working due to incompentent
plumbing and no filter installed, damages in pool devices
Investigator’s Observation: Partially verified. This is duplication to
complaint item 1. 6 port valve actuator appears to continue to operate
without the pump. Freedom to identify cause and correct within
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 - pool leak-pool is leaking and damaging foundation,
was painted over, not repaired
Investigator’s Observation: Verified. There is what appears to be a leak
along the backside of the pool where the slide is located. Freedom to
identify underlying cause and correct within 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: 7 - rebar left at jobsite and in ground multiple places
Investigator’s Observation: Verified. Complainant had removed all but
one located to the SW of the lower BBQ area. Freedom to correct within
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: 8 - fountain lights are non operational, were replaced
and broke within 2 weeks, PVC in fountain not trimmed up, in "rough"
Investigator’s Observation: Partially verified. The PVC in the fountain is
not trimmed. Freedom to correct within appropriate means. There is
insufficient evidence to support that the lights are non-operational at this
time.
Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor
work not performed in accordance with professional industry
standards
Complaint Item: 9 - black stucco is all over 5k of tile, have cleaned,
powered washed and still damage
Investigator’s Observation: Verified. There are multiple locations where
there is stucco on the tile. Freedom and complainant to identify areas and
Freedom to correct within appropriate means.
Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor
work not performed in accordance with professional industry
standards
..........................................................
9. On June 23, 2025, Investigator Schuette completed a compliance job-site inspection. During the job-site inspection, Investigator Schuette found that all of the items on the Directive had been corrected, with the exception of Complaint Item 3.
10. On July 30, 2025, Investigator Schuette received an e-mail from
Mr. Ritenour informing her that Complaint Item 3 had been resolved. Therefore, Investigator Schuette closed the complaint.
11. On or about September 9, 2025, Investigator Schuette received an e-mail message from Mr. Ritenour showing that the underlying cause for the leak had not been resolved with regard to Complaint Item 3. As a result, Investigator Schuette reopened the complaint.
12. On or about October 20, 2025, Investigator Schuette conducted a second compliance job-site inspection. Investigator Schuette discovered that there was reoccurring damage in the same area that she had previously inspected, regarding Complaint Item 3.
13. On October 30, 2025, the Registrar issued a Citation that contained allegations that Freedom may have violated A.A.C. Rule 4-9-108(A) and Ariz. Rev. Stat. section 32-1154(A)(3) and (22). The Citation shows that if the Administrative Law Judge finds that any of the alleged charges are valid, the Registrar may suspend or revoke Freedom’s license.
14. Freedom filed a timely appeal to the Citation.
15. The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
16. At hearing, Ms. Ritenour testified on behalf of herself. Mr. Merrell testified on behalf of Freedom. Investigator Schuette testified regarding her investigation of the complaint and the issuance of the Directive.
17. Ms. Ritenour explained that Freedom performed poor work during the residential construction project at her home. Mr. Merrell stated that he would be willing to correct any remaining work but will not do so because the Ritenours have failed to pay Freedom between $12,000.00 to $13,000.00.
18. Administrative notice is taken of Freedom’s disciplinary history as shown on the Registrar’s public website on April 15, 2021. Freedom’s license record shows that its licensed was issued on June 17, 2011 and is currently suspended. Such prior license record shows that there is only one open complaint against Freedom’s license.
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 Administrative Law Judge may consider Registrar’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 Freedom did not perform work in a professional and workmanlike manner in connection with Complaint Item 3, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
6. The preponderance of the evidence shows that Freedom failed to
correct Complaint Item 3 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 License No. ROC 272170 held by Freedom Pools LLC, for three days.
It is further recommended that the Registrar require Freedom 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 no future license shall be issued to any entity consisting of persons associated with Freedom, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless Freedom 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, March 30, 2026.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Tom Cole
Registrar of Contractors
Justin Ritenour
Kathy Ritenour
[email redacted]
Freedom Pools LLC
[email redacted]
By: OAH Staff