ALJDEC - Licensing
2025A-09106-CHC-ROC · Registrar of Contractors · 2026-03-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Denise Harper
COMPLAINANT,
v.
Gabriel Custom Homes LLC
License No. ROC 330213,
RESPONDENT.
No. 2025A-09106-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 25, 2026
APPEARANCES: Denise Harper appeared on behalf of herself. Gabriel Mirabel appeared on behalf of Gabriel Custom Homes, LLC.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibit A: The Hearing Packet of the Arizona Registrar of Contractors. Complainant’s Exhibits 1 through 10. Gabriel Custom Homes Exhibits B through I.
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FINDINGS OF FACT
On January 14, 2026, the Arizona Registrar of Contractors (Registrar)
Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on February 25, 2026, by the Office of Administrative Hearings in Phoenix, Arizona.
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 Gabriel Custom Homes
may have violated Ariz. Rev. Stat. section 32-1154(A)(3)(specifically, Ariz. Admin. Code section R4-9-108(A); Ariz. Rev. Stat. section 32-1154(A)(22).
4. The Citation shows that if the Administrative Law Judge finds that the alleged charges are valid, the Registrar may suspend or revoke Gabriel Custom Homes’s license.
5. On or about May 22, 2022, Denise Harper (Ms. Harper) and Gabriel Custom Homes, LLC (Gabriel Custom Homes) entered into a residential construction contract, wherein Gabriel Custom Homes agreed to build a new home for Ms. Harper, for the amount of $470,000. See Exhibit A, pgs. 11-16.
6. On October 17, 2022, Gabriel Custom Homes started work.
7. On June 2, 2025, Gabriel Custom Homes stopped work.
8. On or about September 5, 2025, the Registrar received a Complaint from Ms. Harper, alleging poor work on the part of Gabriel Custom Homes. The Complaint provided, in relevant part, as follows:
My builder cut corners through this entire process, he hired unlicensed people and said everyone works under his license as the GC. He plumbed the house and stated "I am the plumber because I am the GC" Electrician company does not exist and electrician himself is not licensed- he works under his uncles license.
Allegations Listed on Complaint:
Water pump failure, pump not appropriate for build, too far from holding tank
Plumbing below sinks incorrect, drain odor persisting in 2 drains Note- there was
NO plumber present during this build
Drip edges on roof are not placed correctly, warped, coming away from the side of the house
Garage door was replaced due to defect/damage. Door is now not moving upward smoothly, loud noises present
9. On or about October 1, 2025, David Fagerburg, an investigator from the
Registrar (Investigator Fagerburg), conducted a job-site inspection. See Exhibit A, pgs. 81-83.
10. On November 5, 2026, the Registrar issued a Directive to Gabriel Custom Homes that provided, in relevant part, 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 Wednesday November 26, 2025.
RESTRICTIONS
• You may not perform or hire other contractors to perform work that is outside
the scope of your license.
• If your license is currently suspended for administrative reasons1, or is inactive,
expired, or cancelled, you may not perform any corrective work nor contract in
any manner, which includes hiring other contractors to perform work, until the
suspension of your license(s) has been lifted or your license(s) has been
reactivated.
Investigator Notes:
1: It is noted that both parties provided a copy of the water pump specifications which are identical.
2: It is noted that currently the respondent’s license ROC 330213 KB-1 Dual Building
Contractor is under disciplinary suspension and the suspension must be resolve prior to subcontracting a licensed plumber to perform any corrective work.
Complaint Narrative: My builder cut corners through this entire process, he hired unlicensed people and said everyone works under his license as the GC. He plumbed the house and stated "I am the plumber because I am the GC" Electrician company d does not exist and electrician himself is not licensed- he works under his uncles license.
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item 1: Water pump failure, pump not appropriate for build, too far from holding tank
Investigator’s Observation: At this jobsite investigation I observed a water pump installed in the garage of the 2 story home. The pump has a canister and filter installed on the suction side of the pump. With the pump running the pressure on the system reads approximately 43 PSI. See P (3) thru P (5). During this jobsite investigation when measuring the distance from the underground water storage tank to the exterior of the home I am able to verify the distance approximately 37 ft. See P (6) thru P (8). Upstairs at the primary bathroom the complainant demonstrated that the water flow is low and pulses. After this jobsite investigation the complainant sent a video via email on October 3, 2025 showing the water pulsing at the upstairs primary bathroom. Upon reviewing the 1 HP shallow well pump and tank specifications for the Drummond pump #56395 supplied by Harbor Freight I am able to verify the maximum head lift @ 0 flow is 115.5’. The total suction lift, approximately 10 ft. plus the length of the offset line, 37 ft. plus the 2nd story elevation must not exceed maximum suction lift of 115.5 ft. or the water flow will be zero (0). The vertical well lift, or in this case the storage tank lift to the surface elevation is unknown but it is more likely than not to be not more than 10 ft. The estimated elevation to the 2nd story of the home from the surface elevation is likely not more than 40 ft. All these measurements must be considered to determine as to whether or not the water pump installed is suitable to service a 2 story home. Using the numbers above it appears the head lift is approximately 87 ft. See P (1), P (3), and P (6) thru P (8). After this jobsite investigation on October 29, 2025 during a phone conversation with a Harbor Freight technician I was informed that this particular pump is not suited for consistent water service in a 2 story home and the normal operating pressure is between 30 & 50 PSI with a maximum of 50 PSI. I was also informed that the pump comes with a built-in screen filter and does not require any other filter on the suction or discharge sides of the pump. On November 4, 2025 the complainant sent an email stating “I now can’t take a shower upstairs because the water pressure is so poor, I’m using the downstairs shower”. Per 2018 IRC code P2903.3 Minimum Pressure; Where the water pressure supplied by the public water main or an individual water supply system is insufficient to provide for the minimum pressures and quantities for the plumbing fixtures in the building, the pressure shall be increased by means of an elevated water tank, a hydropnuematic pressure booster system or a water pressure booster pump. Per ROC Workmanship Standards there is no acceptable tolerance for defective plumbing fixtures or trim fittings. The respondent shall determine cause of the failing water pump that does not provide adequate water flow or pressure and correct or resolve the matter by appropriate means.
Governing Rule: ARS § 32-1154 (A) (3) namely R4-9-108 Poor work, not performed in
accordance with professional industry standards.
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11. Gabriel Custom Homes made no attempt to correct the items in the Directive.
12. Gabriel Custom Homes filed a timely answer to the Citation issued in this matter.
13. The matter was referred to the Office of Administrative Hearings for an evidentiary hearing.
14. At hearing, Ms. Harper testified on behalf of herself. Mr. Mirabel testified on behalf of Gabriel Custom Homes.
15. Investigator Fagerburg testified consistently with his job-site inspection notes and the findings in the Directive.
16. Mr. Mirabel alleged that Ms. Harper failed to properly maintain her pump. Mr. Mirabel alleged that there was dirt in Ms. Harper’s pump.
17. Mr. Mirabel stated that a check valve operates like a foot valve.
Mr. Mirabel disputed that the pump installed by Gabriel Custom Homes was inappropriate for the size of Ms. Harper’s home.
18. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on March 12, 2026, Gabriel Custom Homes’s license was first issued on August 21, 2020, and is active. Such prior License record also shows that there is one open complaint against Gabriel Custom Homes’s license. Such prior License record further shows that three complaints have resulted in discipline of Gabriel Custom Homes’s license.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. section § 32-1101 et seq.
Complainant bears the burden of proof to establish Gabriel Custom Homes’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).
3. Upon consideration of the evidence presented at hearing, the Administrative Law Judge concludes that Mr. Mirabel provided insufficient evidence to rebut Investigator Fagerburg’s findings of poor workmanship. The preponderance of the evidence shows that Gabriel Custom Homes failed to perform the work in a professional and workmanlike manner, in violation of Ariz. Rev. Stat. section 32-1154(A)(3), namely A.A.C. R4-9-108(A).
4. The preponderance of the evidence shows that Gabriel Custom Homes failed to comply with the 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. 330213 issued to Gabriel Custom Homes, LLC, for fourteen days. It is further recommended that the Registrar require Gabriel Custom Homes 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 Gabriel Custom Homes 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 Gabriel Custom Homes’s license, effective on such deadline date.
No future license shall be issued to any entity consisting of persons associated with Gabriel Custom Homes, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless Gabriel Custom Homes tenders payment of any outstanding prior civil penalty.
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, March 12, 2026.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Gabriel Custom Homes LLC
[email redacted]
Denise Harper
[email redacted]
By: OAH Staff