ALJDEC - Licensing

2025A-06071-CHC-ROC · Registrar of Contractors · 2025-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Bryan Lechich,

COMPLAINANT,

v.

Outdoor Homes Pools LLC,

License No. ROC 353039,

RESPONDENT.

No. 2025A-06071-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 27, 2025 at 1:00pm

APPEARANCES: Complainant Bryan Lechich appeared on his own behalf. Scott Knudson appeared on behalf of Respondent Outdoor Homes Pools, LLC. Investigator Patricia Schuette appeared on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”).

FINDINGS OF FACT

Outdoor Homes Pools LLC (“Respondent”) is the holder of License No. ROC 353039 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about October 18, 2024, Bryan Lechich (“Complainant”) entered into a contract with Respondent for, among other things, building a pool, ramada, and install landscaping at his residential home in Queen Creek, Arizona. The contract amount totaled $180,000.00 and Complainant paid Respondent $121,945.07 by the time work stopped on April 4, 2025.

On or about June 18, 2025, the Registrar received a Complaint against Respondent from Complainant alleging job abandonment with respect to the project.

The Registrar assigned the complaint to Investigator Patricia Schuette. Investigator Schuette conducted a jobsite inspection on July 28, 2025 with both parties present.

On August 5, 2025, Investigator Schuette issued a Written Directive to Respondent 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 August 22, 2025.

. . . .

DIRECTIVE REQUIREMENTS

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

Complaint Item: 1 - this is our 2nd ROC complaint on this project due to job abandonment

Investigator’s Observation: Verified. Complaint 2025-01075 was submitted on 1/31/25. At the time additional documentation was needed to process the complaint. Work has stopped and minimal communication since April/May. Items pending completion are as follows:

A. Pergola over outside kitchen-only posts have been installed.

B. Kitchen appliances delivery and install.

C. Pool- pebble tech not installed.

D. Turf- perimeter of pavers in rear and along NW side yard

E. Fire pit-fire tray and glass needed.

F. Gate to be installed on both side yards.

G. Rock install on SW side yard as well as grading

H. Painting of media wall

I. Rear yard plants along outside perimeter. Irrigation ran

J. Lighting at pool, media wall, and kitchen.

. . . .

Complaint Item: 2 - Work stopped with little communication and not returning calls for over 30 days

Investigator’s Observation: Verified. Duplication to item 1.

. . . .

After the deadline in the directive expired, Investigator Schuette was notified that no additional work had been performed.

On August 27, 2025, the Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(1) and Ariz. Rev. Stat. § 32-1154(A)(22).

Hearing Evidence

Investigator Schuette testified that after 30 days of no communication by the Respondent to Complainant about the project and no work being performed that constituted job abandonment.

Scott Knudson, owner, testified on behalf of Respondent. Mr. Knudson testified that he needed around $20,000.00 to $30,000.00 more dollars to finish the project. Mr. Knudson admitted that there was a lack of communication on Respondent’s part and that he did not give Complainant specifics on what was needed to finish the job.

Complainant testified that throughout the months of April, May and June 2025, he did not hear from Respondent and a significant amount of work remained incomplete.

Administrative notice was taken of Respondent’s prior License record on October 27, 2025. Such prior License record reflects that Respondent’s License No. ROC 353039 was first issued on June 26, 2024, and was Active. Such prior License record also reflects that there were two open complaints 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 means “[p]roof which leads the trier of fact to find that the existence of the contested fact is more probable than its nonexistence.”

In this case, the evidence established that Respondent submitted a bid for Complainant’s project and did not perform the work in the bid. Accordingly, Complainant established that Respondent abandoned the contract and failed to complete the project in a professional and workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(1) and Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108.

Furthermore, the evidence established that Respondent did not attempt to complete the corrective work following the Directive being issued. Therefore, Complainant established that Respondent failed to take appropriate corrective action following a written directive from the Registrar in 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 Respondent’s License No. ROC 353039 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 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)(5), unless Respondent tenders payment of any outstanding prior civil penalty.

Pursuant to Ariz. Rev. Stat. § 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, November 14, 2025.

/s/ Nicole Robinson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Patricia Schuette

[email redacted]

Outdoor Homes Pools LLC

2101 E. Broadway Road, Suite 6

Tempe, AZ 85282

[email redacted]

Bryan Lechich

22379 E Munoz Ct

Queen Creek, AZ 85142

[email redacted]

By: OAH Staff