ALJDEC - Licensing

2025A-02467-CHC-ROC · Registrar of Contractors · 2025-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Staci Langford

COMPLAINANT,

v.

JPR Custom Flooring Installations LLC

License No. ROC 280068,

RESPONDENT.

No. 2025A-02467-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 2, 2025

APPEARANCES: Staci Langford (hereinafter “Complainant”) appeared on behalf of herself. Jesse Ruiz (hereinafter “Respondent”) appeared on behalf of JPR Custom Flooring Installations LLC.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. On or about August 20, 2023, Complainant and Respondent entered into a contract, wherein Respondent would remodel Complainant’s residence for the amount of $11,734.00.

2. Complainant paid Respondent in full pursuant to the contract.

4. On or about August 30, 2023, Respondent started work.

5. On or about October 4, 2023, Respondent stopped work.

6. On or about March 18, 2025, the Registrar received a complaint from Complainant alleging poor work on the part of Respondent.

7. The Registrar assigned the complaint to one of its investigators, Doug Barrett (hereinafter “Investigator Barrett”).

8. On March 31, 2025, Investigator Barrett conducted a job-site inspection.

9. On March 31, 2025, the Registrar issued a Directive to Respondent requiring that Respondent correct Complaint Items 1 and 2, by appropriate means, not later than 5:00 p.m. on April 24, 2025. The March 31, 2024 Directive provided, in relevant part, as follows:

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

Complaint Item: 1 - After LVP flooring was installed, major issues started to

occur throughout the house: gaps, planks rising and falling.

Investigator’s Observation: Verified. I observed the LVP flooring

throughout the home. There were several areas with planks separating and

peaking. The floor levelness revealed a 1/4" variance over ten feet, which is the

max allowable by the manufacturer. The perimeter of the flooring was pinched

by the baseboards throughout and was sealed with caulking. Some of the

caulking had been removed by the respondent which caused damage to the

flooring and baseboards. The manufacture requires 1/4” for expansion at door

jambs and the perimeter, which was not observed. The manufacture requires

3/8" for expansion for every 20 feet in length and width, which was not observed. A T-molding is also required by the manufacturer if the length or

width is greater than 40 feet. The project area was greater than 40 feet and no

T-molding was installed. The contractor should correct the flooring and base

boards throughout the entire home by appropriate means and per the

manufacturers installation instructions.

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 - Caulking was removed which caused damage to the

bottom of many baseboards

Investigator’s Observation: Verified. I observed damage to the baseboards

throughout the home from the caulking being removed. I also observed damage

to the floor planks from the caulking being removed as well. Contractor should

correct 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

10. Respondent did not correct the items listed in the Directive.

11. The matter was referred to the Office of Administrative Hearings for an evidentiary rehang.

12. A hearing was held on July 2, 2025.

13. At hearing, Complainant testified on behalf of herself and presented the testimony of her husband, Brandon Langford. Jessie Ruiz testified on behalf of Respondent.

Testimony of Investigator Barrett

14. Investigator Barrett was unable to verify that the damage to the floor was caused by the installation of the entertainment center, because several other areas throughout the home were not installed according to the manufacturer’s installation instructions. Additionally, Mr. Ruiz admitted to Investigator Barrett in a phone call on April 9, 2025 that the floor was not installed according to the manufacturer’s instructions.

Testimony of Complainant

15. Respondent improperly installed floors in her home. Complainant’s deficient floors were not the cause of the entertainment center. Complainant hired a contractor named Chris Larson to install cabinetry in her home e a couple of months after the floor were installed. Mr. Larson frequently tripped on the floor and noticed gaps and broken planks in the floor before the entertainment center was installed. Complainant disputed that the installation of cabinetry and the entertainment center voided the warranty that she received from Respondent.

Testimony of Brandon Langford

16. A individual named “Blake” from Republic Flooring informed Mr. Langford

that the installation of an entertainment center would not cause the problems that existed with Complainant’s floors.

Testimony of Jesse Ruiz

17. Mr. Ruiz stated that he gave a warranty to Complainant that provided that the installation of cabinetry or an entertainment center would void the warranty on the floors. However, Mr. Ruiz did not provide written evidence of such a warranty. Mr. Ruiz did not obtain a signed written waiver from Complaint that included an explanation that her floors might be damaged if an entertainment center or cabinetry were installed on the floor.

18. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on July 12, 2025, Respondent’s license was first issued on March 15, 2023, and is active. 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 ROC’s jurisdiction. See Ariz. Rev. Stat. § 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 Ariz. Admin. Code R2-19-119.

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).

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

5. The preponderance of the evidence shows that the issues found by Investigator Barrett in connection with the floor installation project demonstrate, that Respondent failed to perform work in a professional and workmanlike manner, which is a violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

7. 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. § 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 JPR Custom Flooring Installations LLC’s license number 280068 for one day. 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. § 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. § 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 12, 2025.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Staci Langford

[email redacted]

JPR Custom Flooring Installations LLC

[email redacted]

By: OAH Staff