ALJDEC - Licensing
2025A-06660-CHC-ROC · Registrar of Contractors · 2025-11-24
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
ALAN FRENCH,
COMPLAINANT
v.
Old Pueblo Flooring, LLC
License No. ROC 329620,
RESPONDENT
No. 2025A-06660-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 5, 2025.
APPEARANCES:
For Complainant: Alan French.
For Respondent: Eduardo Ruiz and Miriam Ruiz.
For the Registrar of Contractors: David Cooke.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Notice of Hearing Packet submitted by the Registrar of Contractors. Complainant’s Exhibits.
_____________________________________________________________________
FINDINGS OF FACT
Old Pueblo Flooring, LLC (Respondent) was the holder of License No. 329620 issued by the Arizona Registrar of Contractors (Registrar) on July 10, 2020.
On or about April 2, 2025, Alan French (Complainant) entered into a contract with Respondent for, among other things, installation of a new floor.
On or about July 7, 2025, Complainant filed a Licensed Complaint Form with the Registrar, claiming poor work.
On July 9, 2025, the Registrar issued a Warning Letter to Respondent, informing Respondent that their contract was legally insufficient pursuant to A.R.S. § 32-1158, which sets forth the minimum elements of a contract for licensees.
The Registrar assigned the complaint to Investigator David Cooke, who conducted a noticed jobsite inspection on August 5, 2025. Following the inspection, Investigator Cooke issued a Written Directive From the Registrar to Respondent requiring the defective work be corrected by appropriate means. The Written Directive required Respondent to notify Investigator Cooke of Respondent’s compliance with the directive prior to 5:00 p.m. on August 25, 2025.
On August 7, 2025, the Registrar issued a Warning Letter to Respondent, informing Respondent that they had contracted for work outside of the scope of Respondent’s license.
On or about August 19, 2025, Respondent and Complainant had an altercation, and Respondent quit the job.
Respondent requested an extension, but it was denied.
On September 3, 2025, Investigator Cooke performed a noticed compliance inspection. Investigator Cooke noted that no correction was attempted.
On September 9, 2025, the Registrar issued a Citation against Respondent, finding cause to charge Respondent with violations of A.R.S. § 32-1154(A)(3), specifically R4-9-108(A); A.R.S. § 32-1154(A)(16); and A.R.S. § 32-1154(A)(22).
Respondent submitted an Answer to the Citation on September 23, 2025.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
Investigator Cooke testified in support of his findings. He testified that he denied an extension because the parties could not get along and Respondent’s representative told Complainant that he quit and would not be returning.
Complainant testified in support of the violations.
Respondent’s representatives decided not to testify.
Administrative notice was taken of Respondent’s prior License record on November 19, 2025. According to that record, Respondent’s License No. 329620 was active and had one open complaint.
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. Respondent bears the burden of proof to establish an affirmative defense 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.”
Respondent argued that when it leaves the job, it takes its license with it, and therefore, discipline was not appropriate. This is not correct. The governing statutes and rules promulgated by the Registrar establish clear expectations for a licensee. Generally, a licensed contractor is responsible for its work, for its agreements, and for its conduct unless there is a legal reason indicating otherwise.
The preponderance of the evidence established that Respondent failed to perform all work in a professional and workmanlike manner in violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).
The preponderance of the evidence established that Respondent knowingly contracted beyond the scope of its license(s) in violation of A.R.S. § 32-1154(A)(16).
The preponderance of the evidence 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).
“The registrar may impose a civil penalty of not to exceed $500 on a contractor for each violation of subsection A, paragraph 22 of this section.” If a licensee fails to pay the civil penalty, their license is automatically revoked “thirty days after the effective date of the order providing for the civil penalty.” Additionally, any “person who is or was named on a license. . . may not receive a new license under this chapter until the entire civil penalty is paid.”
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend for 2 days Respondent’s License No. 329620.
It is further recommended that the Registrar require Respondent to pay the sum of $100.00 as a civil penalty pursuant to A.R.S. § 32-1154(E).
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, November 24, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
ALAN FRENCH
[email redacted]
Old Pueblo Flooring, LLC
[email redacted]
[email redacted]
David Cooke
[email redacted]
By: OAH Staff