ALJDEC - Licensing
2025A-07954-CHC-ROC · Registrar of Contractors · 2026-01-03
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Anita Maria Smith,
COMPLAINANT,
v.
Fine Finish Paint LLC,
License No. ROC 355213,
RESPONDENT.
No. 2025A-07954-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 16, 2025 at 1:00pm
APPEARANCES: Complainant Anita Maria Smith appeared on her own behalf. Flor Islava appeared on behalf of Respondent Fine Finish Paint, LLC. Investigator Jeremy Rosenthal 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”). Complainant Exhibit A.
FINDINGS OF FACT
Fine Finish Paint, LLC (“Respondent”) is the holder of License Nos. ROC 355213, a CR-10 Drywall; and 355220, a CR-34 Painting and Wall Covering both licenses were first issued on October 23, 2024 by the Arizona Registrar of Contractors (“Registrar”).
On or about February 4, 2025, Anita Smith (“Complainant”) entered into a contract with Respondent for, among other things, renovation and paint project in a few rooms at Complainant’s residential home located in Chandler, Arizona.
The total amount of the contract was $19,810.00 and Complainant paid $8,800.00. The contract payment detailed that Deposit 1 (50%) was due before the project started and Deposit 2 (25%) was due at midpoint of the project.
On or about August 8, 2025, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to the project.
The Registrar assigned the complaint to Investigator Jeremy Rosenthal. On September 5, 2025, Investigator Rosenthal conducted a jobsite inspection with both parties present.
On September 10, 2025, Investigator Rosenthal 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, October 3, 2025.
. . . .
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - Contractor removed Sensor for blinds, NO replacement available. Blinds are No longer functional, replace with new blinds
Investigator’s Observation: The C alleged that the R removed a sensor that had been mounted on the Southwest corner wall below the ceiling which was for controlling the automatic blinds mounted at the windows on the North side of the living room. R acknowledged the removal and subsequent loss of the sensor which prompted C to let me know that the manufacturer said there is no way to replace the sensor without replacing the entire system, blinds included. Respondent shall correct by appropriate means.
Complaint Item: 2 - Travertine tiles & wood flooring damaged from Contractor drilling. Need to be replaced!
Investigator’s Observation: here were two partial drill holes similar to a pilot hole measuring 7/32" and 8/32" in the travertine tile on the South side of the edge of the wooden floors of the living room. The C said this took place while R crew was working on the shelving units, and R acknowledged this. Respondent shall correct by appropriate means.
Complaint Item: 3 - Arched shelving must be replaced, NOT wood & fronts not finished, caulking not completed!
Investigator’s Observation: The R built two shelving units attached to the fireplace, one on the right and one on the left. Both of the units had shelves made of MDF which were bowing in the middle. Also, where the sides of the units met the back panel, there was a gap which was not properly filled or caulked. Respondent shall correct by appropriate means.
Complaint Item: 4 - Adjustable Shelving spray painted while in cabinet, unable to adjust without causing damage to shelving base & warped!
Investigator’s Observation: Several of the shelves in the shelving unit had been spray painted in place which caused the shelf to stick to the side of the cabinet and thereby making them NOT adjustable as they had been designed. Respondent shall correct by appropriate means.
Complaint Item: 5 - Cabinets are NOT upscale, doors are NOT the ones requested!
Investigator’s Observation: Complainant said the cabinets were not "upscale," however the contract merely says to provide cabinets, which are in place. The upper drawer on the left side cabinets was not able to close. The Respondent shall correct the drawer which will not close by appropriate means.
Complaint Item: 6 - Mantle NOT a customized wood, Contractor ordered thru Amazon, failed to inspect it, warped on back, refused to replace!
Investigator’s Observation: The mantel was installed with a bow on the back resulting in the top edge leaning forward at an 87 degree angle and leaving a +3/8" gap along the back. Respondent shall correct by appropriate means.
Complaint Item: 7 - Fireplace NOT installed properly or centered.
Investigator’s Observation: C alleged the fireplace was not installed properly. When I asked what that meant, C told me that it had been off center and there was a gap at the bottom of the fireplace insert at the bottom where it meets the tile. I measured the fireplace insert and found it to be mostly centered between the two wall ends, being off by 1/16" The bottom of the insert did have a minor gap at the bottom that can easily be resolved by an appropriate fill. Respondent shall correct the bottom gap by appropriate means.
Complaint Item: 8 - NO mud on certain areas of wall or prepped for painting--unfinished!
Investigator’s Observation: The built out walls on either side of the fireplace needed to be finished and painted. Respondent shall correct by appropriate means.
Complaint Item: 9 - Outlets NOT finished.
Investigator’s Observation: The receptacles installed on either side of the fireplace were done outside of the scope of this license. The receptacle on the left side of the fireplace was not flush with the cover plate. Respondent shall correct by appropriate means and MAY NOT work outside of the scope of R licenses.
Complaint Item: 10 - Tile work on fireplace edges & floor—poor workmanship!
Investigator’s Observation: The metal Schluter tile edger was not cut properly and did not reach to the top of the tile on both sides of the fire place. Respondent shall correct by appropriate means.
Complaint Item: 11 - Molding needs to be redone!
Investigator’s Observation: The corner baseboard to the left and right of the fireplace did not transition properly from a higher profile baseboard to a lower profile baseboard that was installed under the cabinets. Respondent shall correct by appropriate means.
Complaint Item: 12 - Painted closet but color does not match original color.
Investigator’s Observation: The C directed me to her master bedroom closet where R opened the wall to do some work and once the drywall was repaired and painted, the R left the paint mis-matched at the patch from the surrounding area. R alleged that C provided her with the paint but C is the professional and should have immediately seen that the colors were not going to "closely" match and addressed it at that time. Respondent shall correct by appropriate means.
Complaint Item: 13 - Outdoor gas fireplace not working after indoor gas fireplace disconnected.
Investigator’s Observation: There was a gas fireplace under the patio along the West wall. The C said that since R disconnected the gas from the previously existing fireplace in the house, this fireplace outside no longer worked. I asked C to turn on the gas valve to prove there was no gas. I did not hear a hiss or gas nor did I detect an odor of natural gas. There is a preponderance of evidence to suggest that as a result of R terminating the gas line in the house (outside of her scope) the outside gas line was also affected. Respondent shall correct by appropriate means and MAY NOT work outside of the scope of R licenses.
Complaint Item: 14 - Quartz installation in the back to the TV nook not present
Investigator’s Observation: While on site, the C asked to include the fact that the spare piece of quartz that was cut out of the face of the fireplace surround was supposed to be used to line the rear opening for the TV. R was present for this allegation so I added it to the list. I later located on the contract the fact this quartz was supposed to be mounted to the rear of the cutout above the fireplace. Respondent shall correct by appropriate means.
Following the issuance of the Written Directive, Respondent researched and looked into a few items for correction. As such, Compliance Notes were taken by Investigator Rosenthal and relevant findings are as follows:
Compliance Jobsite General Notes: A phone conversation took place with the Complainant who said none of the work had been done other than sending in a technician to examine the gas fireplace issue and having several vendors arrive to measure and bit out the curtains. Complainant provided the investigator with a text suggesting the Respondent was not going to do any work until the final bill was paid.
Compliance Findings: The written directive was issued and after several phone calls and emails from both the Respondent and Complainant, I asked both to remain professional and work with each other to ensure the Respondent had access to the property and the work got completed to minimum workmanship standards. The written directive was not completed.
Complaint Item: 1 - Contractor removed Sensor for blinds, NO replacement available. Blinds are No longer functional, replace with new blinds
Compliance Observation: The Respondent said that she did not feel she needed to replace the blinds like for like. I agreed and suggested that she find something comparable, based on the age of the blinds and the technology available now. I explained to the Complainant that accepting a reasonably comparable replacement for the blinds which the Respondent damaged should be considered. Complainant agreed and ultimately, the blinds were not replaced. NOT CORRECTED
Complaint Item: 2 - Travertine tiles & wood flooring damaged from Contractor drilling. Need to be replaced!
Compliance Observation: The tiles were not replaced and the damage remains. NOT CORRECTED
Complaint Item: 3 - Arched shelving must be replaced, NOT wood & fronts not finished, caulking not completed!
Compliance Observation: The Complainant felt the type of material to be used for the shelving was not appropriate. The Respondent explained that pine is wood and was acceptable to use for adjustable shelving, which the Investigator agreed and explained to the Complainant, however the shelving was never installed. NOT CORRECTED
Complaint Item: 4 - Adjustable Shelving spray painted while in cabinet, unable to adjust without causing damage to shelving base & warped!
Compliance Observation: No work was completed to address this issue. NOT CORRECTED
Complaint Item: 5 - Cabinets are NOT upscale, doors are NOT the ones requested!
Compliance Observation: The cabinet drawer issues was not corrected. NOT CORRECTED
Complaint Item: 6 - Mantle NOT a customized wood, Contractor ordered thru Amazon, failed to inspect it, warped on back, refused to replace!
Compliance Observation: The mantel issue was not resolved.
NOT CORRECTED
Complaint Item: 7 - Fireplace NOT installed properly or centered.
Compliance Observation: The gap in the fireplace insert was not resolved. NOT CORRECTED
Complaint Item: 8 - NO mud on certain areas of wall or prepped for painting--unfinished!
Compliance Observation: The texture and paint issues were not resolved. NOT CORRECTED
Complaint Item: 9 - Outlets NOT finished.
Compliance Observation: The receptacle issue was not resolved.
NOT CORRECTED
Complaint Item: 10 - Tile work on fireplace edges & floor—poor workmanship!
Compliance Observation: The tile edge was not resolved.
NOT CORRECTED
Complaint Item: 11 - Molding needs to be redone!
Compliance Observation: The baseboard issues were not resolved.
NOT CORRECTED
Complaint Item: 12 - Painted closet but color does not match original color.
Compliance Observation: The paint matching issue was not resolved.
NOT CORRECTED
Complaint Item: 13 - Outdoor gas fireplace not working after indoor gas fireplace disconnected.
Compliance Observation: Respondent provided the Investigator a copy of a report from a plumber who verified the outdoor fireplace was working properly. The report concluded that the gas had NOT been cut off due to recent interior work by the Respondent.
CORRECTED
Complaint Item: 14 - Quartz installation in the back to the TV nook not present
Compliance Observation: The quartz installation issued was not resolved.
NOT CORRECTED
On October 15, 2025, the Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A) and Ariz. Rev. Stat. § 32-1154(A)(22).
Hearing Evidence
Investigator Rosenthal testified that this project was about “10% away from being done.” Investigator Rosenthal stated that he did not believe there was a denial of access in this case. Investigator Rosenthal further testified that the main issue stemmed from the mechanical window blinds installed in the living room area and its sensor that was damaged, making these blinds inoperable (Complaint Item 1). Investigator Rosenthal admitted that he was not aware whether or not the blinds were operable or not but Complainant told him the blinds were working and after Respondent removed the sensor, the blinds no longer worked. Investigator Rosenthal testified that he directed Respondent to “find [blinds]that are comparable,” because the sensor could not be replaced.
Complainant testified that she bought her home in 2019 and the mechanical blinds came with the house and were operable prior to the sensor was removed. Complainant testified that more than 50% of the project work was completed and she chose not to make the mid-point payment because some of the completed work was not up to par.
Flor Islava, Respondent owner, testified that her team was directed that everything from the living room walls could be removed and as a result, her team removed the sensor and other items. Ms. Islava testified that she did not know what the ‘sensor’ was and had no idea that it controlled the blinds. Ms. Islava testified that she did her research, went to the blind manufacturer whom informed her that there was no fixing the sensor because it was no longer being manufactured, and could no longer be repaired or replaced. Ms. Islava testified that Complainant still owed $10,000 on the contract and offered to forgo the rest of her payment so that money could be applied to the blinds and Respondent would be done. Ms. Islava testified that Complainant refused to take that offer. Ms. Islava further testified that she wanted to attack the bigger blind issue during the directive period and was unable to complete the smaller complaint items.
Administrative notice is taken of Respondent’s prior License record on December 16, 2025. Such prior License record reflects that Respondent’s License Nos. ROC 355213 and 355220 were both Active. Such prior License record also reflects that there was one open complaint 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 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’s work was not in conformity with the Registrar’s standards. Therefore, Complainant established that Respondent did not complete the project in a workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).
Lastly, the evidence established that Respondent was unable to complete all of 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 not suspend Respondent’s License Nos. 355213 and 355220.
It is further recommended that the Registrar require Respondent to pay the sum of $50.00 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, January 3, 2026.
/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]
Fine Finish Paint LLC
3724 W Cypress St
Phoenix, AZ 85009
[email redacted]
[email redacted]
ANITA MARIA SMITH
662 W. Aster Court
Chandler, AZ 85248
[email redacted]
Jeremy Rosenthal
[email redacted]
By: OAH Staff