ALJDEC - Licensing
2025A-05557-CHC-ROC · Registrar of Contractors · 2025-12-03
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Christopher Blattner
COMPLAINANT,
v.
Encanto Custom Homes LLC
License No. ROC 319893,
RESPONDENT.
No. 2025A-05557-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 13, 2025
APPEARANCES: Complainant appeared on behalf of himself. Jason Ewing
appeared on behalf of Respondent.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibit A: The hearing packet from the Arizona Registrar of Contractors (Registrar) 267 pages.
_____________________________________________________________________
FINDINGS OF FACT
On October 8, 2025, the Registrar issued a Notice of Hearing setting the
above-captioned matter for hearing on November 13, 2025.
The Notice of Hearing shows that the hearing was set to consider the
charges made in the Citation and Complaint.
Through the Citation, the Registrar alleges that Respondent may have
violated Ariz. Admin. Code. R4-9-108(A) and thereby Ariz. Rev. Stat. § 32-1154(A)(3); Ariz. Rev. Stat. § 32-1154(A)(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 Respondent’s license.
At hearing, an investigator for the Registrar, Patricia Smith (Investigator
Scuhette), testified regarding her investigation of the Complaint. Complainant testified on behalf of himself. Jason Ewing, a member of Respondent, testified on behalf of Respondent.
On or about October 18, 2021, Complainant and Respondent entered into
a new home construction contract for $2, 053,190.82.
On January 6, 2023, Respondent started work.
On September 19, 2024, Respondent stopped work.
On or about June 6, 2025, Complainant filed a Complaint with the
Registrar alleging poor work on the part of Respondent.
The Registrar assigned the complaint to Investigator Smith.
On July 3, 2025, Investigator Smith conducted a job-site inspection.
On August 12, 2025, the Registrar issued a Written Directive to
Respondent that provided, in relevant part, as follows:
..................................................................
Dear Respondent:
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 August 29, 2025.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item: 2 - Encanto recommended a non licensed cabinet maker
who did not complete work. Stains, measurements, placements were wrong.
Investigator’s Observation: Verified. There are multiple locations with
incorrect stain/color, wrong edge banding, missing shelves, missing roll outs,
missing doors, missing drawers and fronts, missing hardware, missing glass,
miscuts ending with variations in doors and drawers, missing toe kick,
missing crown, missing cabinet, missing fillers, missing end panels. Below is
a list of items by room location. This may not be a complete list due to the
magnitude of the corrections and completions needed.
Bedroom/Bath one-incorrect tape/edge banding, missing end
panels, missing toe kick, bank of drawers wrong color and few wrong
size off by 1/8” in some cases.
Bedroom/Bath two- doors and drawers misaligned, missing end
panels, missing toe kick, wrong edge banding color.
Laundry- Missing shelves, roll outs, end panels, pull out table under
counter missing, incorrect tape/edge banding color in some locations
and missing paint, Crown molding not flush with ceiling, Center
shelving wrong material and size, open space for cat box missing all 3
sided of panel. Missing Rev-A-Shelf/hamper tilt out.
Guest room- Armoire has wrong edge banding, wrong material for
end panels, boxes supposed to be 22” deed and only 20”, shelves at
end cabinets supposed to be at 65” to accommodate clothes bar.
Missing drawer fronts, boxes, and tracks.
Guest bath- Missing toe kick, drawer boxes, missing fillers on each
side of vanity, and missing Rev-A-Shelf/hamper tilt out.
Pool Bath- Missing “locker” Armoire that includes 2 bottom drawers,
bench, and hanging area with 2 open spaces.
Media Room- Corner cabinet incorrect size impacting the other wall
cabinets. Corrections causing pending open shelf wall cabinet above
sink. Columns at appliances are too short do not go to floor. Missing
end panels, incorrect color, missing Rev-A-Shelf/hamper tilt out.
Missing light rail.
Great Room- Missing floating shelves around fireplace. Lower
panels wrong wood. Tape correction/edge banding wrong color.
Missing toe kick.
Kitchen- Tall cabinets supposed to be roll out drawers with finished
fronts, missing all tracks and supports. Stained columns each side of
hood vent. Missing crown, toe kick, and light rail. Missing all glass in
doors. Tray dividers supposed to be installed in cabinet above oven.
Missing a drawer front and 1 door. Edge banding wrong color or
needs stained.
Island- Missing trash pull out, false front at sink, screws showing
through, fillers used at ends possibly to accommodate measuring
issue. The islands supposed to be 127” and measures at 132”-132 1⁄2”.
Toe kick not per plan.
Dining nook- Upper wall cabinets that are stacked do not all align
and they are supposed to. It appears that some of the uppers are
wrong size up to 1⁄2”. Missing shelves for upper cabinets. Wrong edge
banding. Missing glass doors. Columns supposed to go to floor.
Missing end panels. Shelf holes not aligned from left to right. 2 glass
doors are not correct size per plan. Upper cabinets with glass have
incorrect interior finish. Finish to match cabinet.
Office- shelves not installed and one is incorrect size. Some shelves
that are installed have incomplete staining on bottom side. Corners of
the shelves are cracking/splitting. Crown molding not flush to ceiling
and corners.
Pantry-Missing roll out drawers, incorrect edge banding, missing
floating shelf and bottom panel at countertop area, missing end
panels, missing crown molding, toe kick and scribe wrong color, boxes
above tall pantry not correct size per plan, missing shelves, missing 2
drawers to include tracks. Incorrect boxes lower right supposed to be
stained wood. Boxes above tall pantry not correct measurements per
plan.
Butlers pantry- Incorrect edge banding, missing fronts on roll outs,
upper glass panels missing, drawers wrong measurements per plan,
fingerprints in stain on doors, incorrect cabinet height for appliances,
color does not match same in office. Uneven peg holes for shelving.
Roll out supports not consistent finish. One is rounded the other is
squared.
Main Mudroom- Missing fillers, crown molding, shiplap, drawer
tracks. Drawer hardware not compatible with drawer tracks that were
provided. Drawer boxes not dovetail. Upper dividers not aligned.
Stain is wrong color.
Mud Room counter area- missing drawer tracks, missing shelves,
roll outs in lower cabinets, missing Rev-A-shelf/hamper. Pantry is out
of square and plumb. Gap at countertop. End panel not deep enough.
Primary Bath-Missing end panels, missing Rev-A-shelf/hamper,
partition needed in base cabinet for Rev-A-shelf, missing end
columns/fillers, missing drawer under tall cabinet her side, missing
shelves. Edge banding wrong color.
Primary closet-Missing shelf above washer/dryer. Missing shelves
at pantry, missing roll outs, missing boxes, tracks, and fronts for
pullouts below washer and dryer. Warped pantry door that exceeds
1/8” in 32”. Incorrect color edge band. Drawer under washer and
dryer not installed to allow for drawers to open once fronts are
installed.
Respondent and complainant to work together to identify any missing or
incorrect items that may not be listed above.
Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor
work not performed in accordance with professional industry
standards
Complaint Item: 3 - Cabinets were promised by Encanto who would fund
completion, 8.5 months after, we have no finished cabinets.
Investigator’s Observation: Verified. There is a very long list of cabinetry
items that require correction and completion as noted in item 2.
Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work
not performed in accordance with professional industry standards
Complaint Item: 6 - Drywall touch ups were not done or done subpar.
Investigator’s Observation: Verified. Drywall thick bulge in wall about 2’
up from floor in gym, Powder bath drywall line bulge, inconsistent corner wavy
in primary toilet room behind door, couple electrical plates mudded in, drywall
thick line close to ceiling above niche, drywall line to right of tp holder.
Respondent 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: 7 - Electrical switches and outlets were not placed as
requested, place unevenly, or don't even work. No QC.
Investigator’s Observation: Verified. There is a switch control outlet in
gym upper corner that is not working. Several covers that are bowed and not
level. One rocker switch that does not operate correctly with full swing. The
number of kitchen countertop outlets on wall with cooktop does not match the
blue print. It does not appear to be on a change order. Outside of the outlets
for the built in appliances (microwave, double oven, and cooktop) there are
only 2 countertop outlets. The plan shows a total of 4 outside of appliances.
Respondent 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
..................................................................
Respondent filed a timely answer to the Citation.
The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
At hearing, Investigator Smith testified regarding her investigation of the
complaint.
At hearing, Complainant agreed with the findings of Investigator Smith.
Complainant explained that he hired Respondent to build a custom home. Complainant alleged that Respondent hired an unlicensed contractor to perform cabinet work. Complainant stated that Respondent performed poor work and did not complete the job.
Mr. Ewing admitted that Respondent hired an unlicensed contractor to
perform the cabinet work. Mr. Ewing stated that he was unaware that the contractor was unlicensed at the time that he hired him. Mr. Ewing stated that originally, Respondent completed most of the work. Mr. Ewing stated that he was not in town when the remedial work was performed. Mr. Ewing stated that Mrs. Blattner changed the color of the stain.
18. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on December 3, 2025, Respondent’s license was first issued on May 14, 2018 and is active. Such prior License record also shows that there are five open complaint against Respondent. Respondent’s license has never been disciplined.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat.
sections 32-1101 et seq.
Complainant bears the burden of proof to establish Respondent’s statutory
violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “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).
The preponderance of the evidence shows that Respondent did not
perform work in a professional and workmanlike manner, which is a violation of A.A.C. R4-9-108(A), and thereby of A.R.S. § 32-1154(A)(3).
The preponderance of the evidence shows that Respondent failed to
comply with the Written Directive without valid justification, which is a 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 License No. 319893 issued to Encanto Custom Homes LLC, for five days. It is further recommended that the Registrar require Respondent to pay the sum of $500.00 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. section 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, December 3, 2025.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Encanto Custom Homes LLC
[email redacted]
Christopher Blattner
[email redacted]
By: OAH Staff