ALJDEC - Licensing

2025A-06254-CHC-ROC · Registrar of Contractors · 2025-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Andrew Stange,

COMPLAINANT,

v.

A1 Roofing, Inc.,

License No. ROC 318039,

RESPONDENT.

No. 2025A-06254-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 24, 2025

APPEARANCES: Complainant Andrew Stange appeared on his own behalf. Arizona Registrar of Contractors Investigator Aaron King appeared as a witness. Respondent A1 Roofing, Inc. failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record

FINDINGS OF FACT

A1 Roofing, Inc. (“Respondent”) is the holder of License Number 318039 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about April 30, 2025, Andrew Stange (“Complainant”) contracted with Respondent to replace the underlayment and repair damage to Complainant’s roof. The contract called for Respondent to remove and replace the existing roof tile. The contract price was $15,000.00. Complainant paid Respondent $1,500.00 and financed the contract balance. Respondent has been paid in full.

On or about July 9, 2025, Complainant filed the instant Complaint against Respondent with the Registrar alleging that Respondent abandoned the project.

The Registrar assigned the Complaint to Investigator Aaron King. Investigator King conducted a Jobsite Inspection on August 27, 2025. Respondent did not attend the Jobsite Inspection. On August 27, 2025, Investigator King 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 Friday, September 12th, 2025.

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

Complaint Item: 1- Multiple attempts to contact PM to schedule. No responses or call backs. Office staff will take my number for someone to call me, no call backs. 10 attempts. Zero communication on scheduling, etc. 8 weeks since contract signed and money paid.

Investigator’s Observation: During the inspection, the Complainant identified concerns of abandonment related to the contracted roof replacement. I verified that the original roof remains in place with no evidence of work having been performed, despite a signed contract and verification of payment. The Complainant provided documentation and testimony of repeated requests to initiate the work, none of which resulted in commencement of the project. The contract has been signed for several

months without progress, and no reasonable explanation or corrective schedule has been provided by the Respondent. Under Arizona statutes, failure to prosecute a project with reasonable diligence or completion of work for which the contractor has been paid constitutes abandonment. Based on the preponderance of evidence, the Registrar finds that the Respondent has abandoned the project. The Respondent will immediately correct this by the appropriate means.

After the expiration of the deadline specified in the Written Directive, Investigator King verified with Complainant that Respondent had not performed any corrective work.

Thereafter, Investigator King forwarded the matter to the Registrar’s Legal Department. The Registrar issued a Citation against Respondent charging possible violations of A.R.S. § 32-1154(A)(1) and A.R.S. § 32-1154(A)(22).

The Registrar referred the matter to the Office of Administrative Hearings, an independent State agency, for an evidentiary hearing.

On October 23, 2025, the Registrar issued a Notice of Hearing advising the parties of the hearing date and time of November 24, 2025, at 1:00 p.m., and that the Office of Administrative Hearings would issue a Google Meet link for participation in the hearing. The Notice of Hearing was sent to Respondent’s mailing and email addresses of record with the Registrar.

On November 3, 2025, the Tribunal issued to the parties an Order that reiterated the date and time of the hearing and contained the Google Meet information to join the hearing by video or phone.

On the date and at the time set for hearing, Complainant appeared on his own behalf. Investigator King was also present. Respondent did not appear through an authorized member, employee, or attorney. Respondent did not request that the hearing be continued. Because Respondent failed to appear, Respondent did not present any evidence to defend its license.

Investigator King testified consistently with his findings contained in the Written Directive. Investigator King testified that Respondent contacted him on September 17, 2025, after the expiration of the Written Directive and after he had forwarded the matter to the Registrar’s Legal Department. Respondent told Investigator King that it was experiencing “internal issues” and that Complainant’s job “slipped through the cracks.” Investigator King provided Respondent the contact information for the Registrar’s Legal Department.

Complainant testified that he agreed with Investigator King’s testimony. Complainant testified that during the period of the Written Directive, Respondent called him and stated that it was trying to schedule the job. Complainant testified that for weeks Respondent texted him repeatedly stating that it was “working on getting [the job] scheduled.” Complainant testified that he has not heard from Respondent since September 16, 2025.

Administrative notice is taken of Respondent’s prior License record on December 5, 2025. Such prior License record reflects that Respondent’s License Number 318039 was first issued on February 21, 2018, and is active. Such prior License record also reflects that there are seven (7) open complaints, including the instant Complaint, four (4) resolved/settled complaints, and one (1) complaint 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 credible evidence of record established that Respondent abandoned its contract with Complainant without legal excuse. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(1).

The evidence established that Respondent did not comply with the Written Directive and that valid justification for such failure did not exist. 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 revoke Respondent’s License Number 318039.

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 8, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

A1 Roofing, Inc.

[email redacted]

Andrew Stange

[email redacted]

Aaron King

[email redacted]

By: OAH Staff