ALJDEC - Licensing

2025A-09348-CHC-ROC · Registrar of Contractors · 2026-06-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Susan Sunseri

COMPLAINANT,

v.

Spartan Roofing LLC

License No. ROC 333086,

RESPONDENT.

No. 2025A-09348-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 13, 2026

APPEARANCES: Sunsan Sunseri appeared on behalf of herself. No one appeared on behalf of Spartan Roofing, LLC.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the hearing packet submitted by the Arizona Registrar of Contractors.

_____________________________________________________________________

FINDINGS OF FACT

On April 1, 2026, the Arizona Registrar of Contractors (Registrar) issued a Notice of Hearing setting the above-captioned matter for hearing on May 13, 22026, at the Office of Administrative Hearings in Phoenix, Arizona.

The Notice of Hearing provided, in relevant part, as follows:

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You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

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The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(A) Charge: 2 A.R.S. § 32-1154(A)(22)

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Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.

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A hearing was held on May 13, 2026.

At hearing, Susan Sunseri (Ms. Sunseri) testified on behalf of herself.

No one appeared on behalf of Spartan Roofing, LLC (Spartan) at the

hearing on May 13, 2026. Although the hearing did not start until approximately 1:15 p.m., no one appeared on behalf of Spartan through an authorized member, officer, employee, or attorney, or contact the OAH to request that the start of the hearing be further delayed. Consequently, Spartan did not present any evidence to defend its license.

6. On August 26, 2023, Susan Sunseri and Spartan entered into a residential remodeling contract, for the amount of $18,430. See the Registrar’s administrative record at 26-28.

7. On September 15, 2023, Spartan started work. Spartan stopped work the same day. See the Registrar’s administrative record at 10-11.

8. On September 12, 2025, Ms. Sunseri filed a complaint with the Registrar alleging that Spartan failed to complete the job and did not comply with building codes. See the Registrar’s administrative record at 10-12.

9. On January 13, 2026, Aaron King, an investigator for the Registrar (Investigator King) conducted a job-site inspection.

10. On February 11, 2026, the Registrar issued a Directive directing Respondent to complete complaint items 3 and 5 through 9, by appropriate means, no later than Friday, February 27, 2026:

11. Spartan did not correct the items listed in the Directive by February 27, 2026.

12. On March 3, 2026, the Registrar issued a Citation against Spartan’s license for alleged violations of Arizona Revised Statutes (A.R.S.) § 32-1154(A)(3) and 22; Arizona Administrative Code (A.A.C.) R4-9-108(A).

13. Spartan filed a timely answer to the Citation.

14. The matter was referred to the Office of Administrative Hearings for an

evidentiary hearing.

15. At hearing, Investigator King testified regarding his investigation of the complaint. Investigator King testified consistently with his findings as shown in his job-site inspection notes and the Directive.

16. Ms. Sunseri testified credibly at hearing regarding Spartan’s poor workmanship.

17. Administrative notice is taken of the Registrar’s public website. According to the information available on the website on June 2, 2026, Respondent’s license was first issued on April 20, 2021, and is revoked.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.

The burden of proof at an administrative hearing falls to the party

asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119.

3. The Administrative Law Judge may consider the Registrar’s administrative record. See Ariz. Admin. Code § R4-9-118.

4. The suspended status of Spartan’s license does not deprive Ms. Sunseri of her right to prosecute the Complaint or prevent the Registrar from determining the merits of Ms. Sunseri’s complaint. This matter lies within the Registrar’s jurisdiction.

5. 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).

6. The preponderance of the evidence shows that the issues found

by Investigator King in complaint items 3, 5, 6, 7, 8, and 9, demonstrate that Spartan failed to perform work in a professional and workmanlike manner, which is a violation of A.R.S. § 32-1154(A)(3), namely A.A.C. R4-9-108(A).

7. The preponderance of the evidence shows that Respondent failed to

correct the items listed in the Registrar’s Directive without valid justification, which is a violation of A.R.S. § 32-1154(A)(22).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall revoke ROC License: No. ROC 333086 held Spartan Roofing, LLC.

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, June 2, 2026.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Susan Sunseri

[email redacted]

Spartan Roofing LLC

[email redacted]

By: OAH Staff