ALJDEC - Licensing

2025A-07668-CHC-ROC · Registrar of Contractors · 2025-12-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Maria Flamiatos,

COMPLAINANT,

v.

Ronald Frank Bennett II

DBA: Bennett Construction,

License No. ROC 344737,

RESPONDENT.

No. 2025A-07668-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 20, 2025

APPEARANCES: Complainant Maria Flamiatos appeared on her own behalf, with her husband, Jason Flamiatos. Ronald Frank Bennett II appeared on behalf of Respondent Ronald Frank Bennett II, doing business as Bennett Construction. Arizona Registrar of Contractors Investigator Clifford Corlett appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

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

FINDINGS OF FACT

Ronald Frank Bennett II, doing business as Bennett Construction (“Respondent”), is the holder of License Number 344737 issued by the Arizona Registrar of Contractors (“Registrar”). Ronald Frank Bennett II is Respondent’s Qualifying Party and owner.

On or about November 17, 2024, Maria Flamiatos (“Complainant”) and her husband, Jason Flamiatos, contracted with Respondent for Respondent to construct a one bedroom casita with a bathroom and kitchen on Complainant’s property. The contract price was $125,000.00. Complainant has paid Respondent a total of $134,000.00, which includes a $9,000.00 change order.

On or about August 1, 2025, the Registrar received a Complaint against Respondent from Complainant alleging abandonment and poor work with respect to Respondent’s scope of work.

The Registrar assigned the Complaint to Investigator Clifford Corlett. After an August 20, 2025 Jobsite Inspection, Investigator Corlett issued a Written Directive to Respondent dated August 28, 2025, 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 or before September 12, 2025.

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

Complaint Item: 1 - Doors Paint Cabinets (Kitchen/Bath) Bathroom Floor

Electrical Kitchen Plumb Walkway Landscaping Ext. Gate Stucco

Investigator’s Observation: Casita project at 570 Hagen Dr. Lake Havasu City has stopped with Respondent sending the Complainant a letter dated August 1, 2025 that he is declaring bankruptcy and cannot continue. Bankruptcy does not stay the authority, jurisdiction of the Registrar of Contractors.

RESPONDENT SHOULD PROPERLY COMPLETE ALL CONTRACTED WORK ON THIS PROJECT

On September 19, 2025, after the expiration of the deadline specified in the Written Directive, Investigator Corlett ascertained that Respondent had not performed any of the corrective work and did not otherwise resolve the matter with Complainant. Thereafter, Investigator Corlett 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)(12), namely A.R.S. § 32-1158.

Investigator Corlett testified consistently with his findings contained in the Written Directive. Investigator Corlett testified that he received a message from Respondent on August 30, 2025, stating that although Respondent would like to complete the project, Respondent could not do so due to physical and financial circumstances.

Investigator Corlett further testified that Respondent’s contract was lacking the advisement concerning the Registrar’s complaint process.

Complainant agreed with Investigator Corlett’s testimony. Complainant asserted that just over half of the project is complete, and it is estimated that it will cost over $50,000.00 to complete the project.

Mr. Flamiatos testified that Respondent did not pay the window or stucco subcontractors and that the $9,000.00 change order for the windows was not paid to the window supplier. Mr. Flamiatos questioned how the funds paid to Respondent were actually utilized.

Mr. Bennett testified that he entered into the contract in good faith, however, was “struggling in business” and “made mistakes.” Mr. Bennett did not dispute the allegations and admitted to abandoning the project.

Administrative notice is taken of Respondent’s prior License record on December 5, 2025. Such prior License record reflects that Respondent’s License Number 344737 was first issued on May 1, 2023, and is active. Such prior License record also reflects that there are two open complaints, including the instant open Complaint, no resolved/settled complaints, and no complaints 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.”

In this case, the uncontroverted evidence established that Respondent abandoned its contract with Complainant. Respondent failed to establish, as an affirmative defense, any legal excuse for such abandonment. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(1).

The evidence established that Respondent’s written contract for the project failed to contain all of the statutorily required elements for a contract. Therefore, Complainant established that Respondent failed to comply with the Registrar’s statute in violation of A.R.S. § 32-1154(A)(12).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License Number 344737 for a period of fifteen (15) days.

It is further recommended that, on or before thirty (30) days after the effective date of the final order, Respondent shall provide a sample contract to the Registrar to demonstrate that it has amended its contracts to include the nine (9) terms required by A.R.S. § 32-1158(A). If Respondent fails to establish to the Registrar that it has brought its contracts into compliance with A.R.S. § 32-1158(A) within thirty (30) days, its contractor’s license shall be suspended until it demonstrates that it has done so.

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 5, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Ronald Frank Bennett II

DBA: Bennett Construction,

[email redacted]

Maria Flamiatos

[email redacted]

Cliff Corlett

Registrar of Contractors

[email redacted]

By: OAH Staff