ALJDEC - Licensing
2025A-08266-CHC-ROC · Registrar of Contractors · 2026-02-16
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Kevin Bernstein
COMPLAINANT,
v.
Ibarr Building Solutions LLC
License No. ROC 350701,
RESPONDENT.
No. 2025A-08266-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 27, 2026
APPEARANCES: Kevin Bernstein appeared on behalf of himself. No one
appeared on behalf of Ibarr Building Solutions, LLC (Ibarr).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibit A: The packet of the Registrar
of Contractors.
_____________________________________________________________________
FINDINGS OF FACT
On December 1, 2025, the Registrar of Contractors, (Registrar),
issued a Notice of Hearing setting the above-captioned matter for hearing on January 27, 2026, by the Office of Administrative Hearings (OAH) in Phoenix, Arizona.
See Exhibit A (Notice of Hearing, pg. 1).
2. The Notice of Hearing shows that the hearing was set to consider the
charges made in the Citation and Complaint. Through the Citation, the Registrar alleges that Ibarr may have violated Ariz. Rev. Stat. section 32-1154(A)(3) (specifically, Ariz. Admin. Code sections R4-9-108(A) and (B)); Ariz. Rev. Stat. sections 32- 1154(A)(2)(b),(9)(a),(12), and (22); Ariz. Rev. Stat. section 32-1158. See Exhibit A (Notice of Hearing, pgs. 1 and 2).
3. The Citation shows that if the Administrative Law Judge finds that the alleged charges are valid, the Registrar may suspend or revoke the license of Ibarr.
4. Ibarr holds General Dual KB-1 Dual Building Contractor issued by the Registrar. Ibarr does not hold any other Registrar licenses.
5. On or about May 5, 2025, Ibarr entered a residential remodeling and repair contract for the amount of $59,590. See Exhibit A (Complaint, pgs. 120-123). Ibarr did not provide Mr.. Berstein with a written contract that included its business address and information about Mr. Bernstein’s right to file a complaint with the Registrar.
6. On or about May 5, 2025, Ibarr building started work.
7. On or about August 15, 2025, Ibarr stopped work.
8. On or about August 15, 2025 the Registrar received a complaint from
Mr. Bernstein alleging abandonment and poor work on the part of Ibarr Building.
9. The Registrar assigned the complaint to one of its investigators, John Smith (Investigator Smith).
10. On September 23, 2025, Investigator Smith conducted a job-site inspection. Mr. Berstein was present. Chris Ibarra and Anthony Taylor appeared at the job-site inspection by telephone. Mr. Ibarra acknowledged that Ibarr hired unlicensed contractors to perform the job. See Exhibit A, pg. 27. Additionally, Mr. Ibarra acknowledged that Ibarr performed all work before applying for a permit.
See id. Investigator Smith substantiated several items from the complaint.
11. On October 6, 2025, the Registrar issued a Directive directing Ibarr to correct several substantiated items, by appropriate means, no later than November 3, 2025. See Exhibit A, pgs. 15-109. Additionally, through the Directive, Ibarr was directed to supply an updated compliant version of their contract.
12. Ibarr failed to perform any work during the time period for compliance under the Directive. Ibarr did not provide a contract to the Registrar that complied with the statutes that govern Arizona contractors.
14. Ibarr filed a timely answer to the Citation.
15. The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
16. A hearing was held on January 27, 2026. At hearing, Mr. Bernstein
testified on behalf of himself. Investigator Smith testified consistently with his job-site inspection notes.
17. Mr. Berstein explained that Ibarr performed poor work. Mr. Bernstein requested restitution for payments that he made to Ibarr.
18. No one appeared on behalf of Ibarr at the hearing. Ibarr did
not submit a request to appear telephonically, nor a motion for continuance. Ibarr did not appear through an authorized member, employee, or attorney. Consequently, Ibarr did not present any evidence to defend its license.
19. There is no evidence that Ibarr subsequently contacted OAH to
provide an explanation for not appearing at the scheduled hearing.
20. Administrative notice is taken of Ibarr’s prior License record
on February 16, 2026. Such prior License record reflects that Ibarr’s License
No. 350701 was first issued on March 4, 2024, and is active. Such prior License record also reflects that there is one open complaint against Ibarr’s license and one complaint that resulted in discipline of Ibarr’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat.
sections 32-1101 et seq.
Complainant bears the burden of proof to establish Ibarr’s statutory
violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960)
The preponderance of the evidence shows that Ibarr performed
construction work without obtaining the required permit, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(2)(b).
The preponderance of the evidence shows that Ibarr did not perform
work in a professional and workmanlike manner, which is a violation of A.A.C. R4-9-108(A), and thereby of A.R.S. § 32-1154(A)(3).
The preponderance of the evidence shows that Ibarr did not perform
the work in accordance with any applicable building codes and professional industry standards, which is a violation of A.A.C. R4-9-108(B), and thereby of A.R.S. § 32-1154(A)(3).
The preponderance of the evidence shows that Ibarr attempted to
evade Ariz. Rev. Stat. Title 32, Chapter 10, by aiding and abetting unlicensed persons, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(9)(a).
7. The undisputed evidence established that Ibarr’s contract did not comply with Ariz. Rev. Stat. section 32-1158, which is a violation of Ariz. Rev. Stat. section 32-1158.
8. The preponderance of the evidence shows that Ibarr failed to comply with the Registrar’s Directive without valid justification, which is a violation of Ariz. Rev. Stat. section 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 License No. 350701 issued to Ibarr Building Solutions, LLC, for five days. It is further recommended that the Registrar require Ibarr to pay the sum of $500.00 as a civil penalty pursuant to Ariz. Rev. Stat. section 32-1154(E).
It is further recommended that if Ibarr 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 Ibarr’s license, effective on such deadline date. No future license shall be issued to any entity consisting of persons associated with Ibarr, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless Ibarr tenders payment of any outstanding prior civil penalty.
Restitution is not appropriate in this matter.
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, February 16, 2026.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Kevin Bernstein
[email redacted]
Ibarr Building Solutions LLC
[email redacted]
By: OAH Staff