ALJDEC - Licensing
2025A-09193-CHC-ROC · Registrar of Contractors · 2026-02-02
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Hector Benitez
COMPLAINANT,
v.
Better Way Homes, LLC
DBA: Payson Handyman,
License No. ROC 351975,
RESPONDENT.
No. 2025A-09193-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 12, 2026
APPEARANCES: Hector Benitez appeared on behalf of himself. No one appeared on behalf of Better Way Homes, LLC DBA: Payson Handyman.
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
EXHIBITS ADMITTED INTO EVIDENCE: Exhibit A, the hearing packet of the Arizona Registrar of Contractors (Registrar). Mr. Benitez’s Exhibit 1.
_____________________________________________________________________
FINDINGS OF FACT
On November 26, 2025, the Registrar issued a Notice of Hearing to all parties setting the above-entitled matter for hearing on January 12, 2026 at 1:00 p.m.
Better Way Homes, LLC (Better Way) holds Specialty Residential R-62 Minor Home Improvements license issued by the Registrar.
On or about July 11, 2025, Better Way agreed to remove three decks and install new composite decking on Mr. Benitez’s home.
On or about July 11, 2025, Better Way started work.
On or about August 31, 2025, Better Way stopped work.
On or about September 11, 2025, the Registrar received a complaint from Mr. Benitez alleging abandonment and poor work on the part of Better Way.
On or about September 26, 2025, Christopher Allison, an investigator
from the Registrar (Investigator Allison), conducted a job-site inspection. At the job-site inspection, Investigator Allison observed that Better Way had only attempted to complete or completed less than half of the contracted work.
On September 20, 2025, the Registrar issued a Directive to Better Way
requiring that Better Way correct every item listed in the complaint, by appropriate means, no later than 5:00 p.m. on October 14, 2025. See Exhibit A, pgs. 44-48.
Better Way failed to comply with the Directive.
On October 28, 2025, the Registrar issued a Citation against
Better Way’s license alleging that Better Way violated Ariz. Rev. Stat. section 32-1154(A)(3) - R4-9-108(A) and Ariz. Rev. Stat. sections § 32-1154(A)(16) and (22).
Better Way filed a timely answer to the Citation.
The matter was referred to the Office of Administrative Hearings for an
evidentiary hearing.
A hearing was held on January 12, 2026. At hearing, Mr. Benitez
presented the testimony of Eric Rosenberg and testified on behalf of himself. Investigator Allison testified consistently with the findings in the Directive.
Mr. Benitez and Mr. Rosenberg explained that Better Way performed
poor work. Mr. Rosenberg stated that Mr. Benitez did not terminate his contract with Better Way.
No one appeared on behalf of Better Way at the hearing. Better Way did
not submit a request to appear telephonically, nor a motion for continuance. Better Way did not appear through an authorized member, employee, or attorney. Consequently, Better Way did not present any evidence to defend its license.
There is no evidence that Better Way subsequently contacted OAH to
provide an explanation for not appearing at the scheduled hearing.
Administrative notice is taken of Better Way’s prior License record
on February 2, 2026. Such prior License record reflects that Better Way’s License
No. 351975 was first issued on May 3, 2024, and was revoked on December 15, 2025. Such prior License record also reflects that there are two open complaints against Better Way’s license and one complaint was resolved or withdrawn complaints that were resolved or withdrawn by the complainant after the issuance of a corrective work order or Citation. Such prior License record also reflects that Better Way’s License was disciplined on two occasions by the Registrar.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See Ariz. Rev. Stat. sections 32-1101 et seq.
The revoked status of Respondent’s license does not deprive Complainant
of his right to prosecute the complaint or prevent the Registrar from determining the merits of Complainant’s complaint. This matter lies within the Registrar’s jurisdiction.
Mr. Benitez bears the burden of proof to establish Better Way’s statutory
violation by a preponderance of the evidence. Better Way bears the burden to establish affirmative defenses and factors in mitigation of the penalty by the same evidentiary standard. 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 Better Way did notperform
the work in a professional and workmanlike manner, which is a violation of A.A.C. R4-9-108(A), and thereby of Ariz. Rev. Stat. section 32-1154(A)(3).
5. The preponderance of the evidence shows that Better Way performed work outside the scope of its license, which is a violation of Ariz. Rev. Stat. section 32-1154(A)(16).
6. The preponderance of the evidence shows that Better Way 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 in this matter, License No. 351975 of Better Way Homes, LLC, DBA: Payson Handyman is revoked.
It is further recommended that the Registrar require Respondent to pay the sum of $500.00 as a civil penalty.
It is further recommended that no future license shall be issued to any entity consisting of persons associated with Respondent, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless Respondent 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, February 2, 2026.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Hector Benitez
[email redacted]
Better Way Homes, LLC
DBA: Payson Handyman,
[email redacted]
By: OAH Staff