ALJDEC - Licensing

2025A-09399-CHC-ROC · Registrar of Contractors · 2026-03-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

BOB STEWART Jr.

COMPLAINANT,

v.

A to Z Drilling & Pump Service LLC,

License No. ROC 182801

RESPONDENT.

No. 2025A-09399-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 19, 2026

APPEARANCES: Bob Stewart Jr. (Mr. Stewart) appeared on behalf of himself by videoconference. Terry McCray appeared on behalf of A to Z Drilling & Pump Service, LLC (A to Z) by videoconference.

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 (Registrar).

_____________________________________________________________________

FINDINGS OF FACT

On January 9, 2026, the Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on February 19, 2026, at the Office of Administrative Hearings in Phoenix, Arizona.

A to Z holds license number 182801 issued by the Registrar.

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 A to Z may have violated Ariz. Admin. Code Rule 4-9-108(A) and (B) and Ariz. Rev. Stat. § 32-1154(A)(3); Ariz. Rev. Stat. § Ariz. Rev. Stat. §§ 32-1154(A)(1) and (22). The Citation shows that if the Administrative Law Judge finds that any of the alleged charges are valid, the Registrar may suspend or revoke A to Z’s license.

The Registrar assigned the Complaint to one of its investigators, Christopher Allison (Investigator Allison).

A hearing was held on February 19, 2026.

At hearing, Mr. Stewart testified on behalf of himself. Terry McCray testified on behalf of A to Z. Investigator Allison testified regarding his investigation of the Complaint.

On or about April 7, 2023, A to Z agreed to drill a water well and install casing, a pump, a storage tank, electrical components, and solar parts for $52,804.00. Mr. Stewart paid A to Z $49,303.00 for the work.

A to Z began work on September 3, 2024.

A to Z stopped work on April 23, 2025.

On or about September 15, 2025, Mr. Stewart filed the Complaint with the Registrar alleging poor work and abandonment on the part of A to Z.

Investigator Allison conducted a job-site inspection on October 20, 2025.

On or about October 25, 2026, the Registrar issued a Directive to A to Z 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 19, 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.

DIRECTIVE REQUIREMENTS

You are directed to remedy the following violations by the appropriate means:

Complaint Item: 1 - Stopped work and won't return my calls now that he's

been paid 49k been stone walling for me for 13 months

Investigator’s Observation: Respondent shall complete the work in a

timely manner with prudence and diligence as contracted by the due date

issued in this document.

Governing Rule: Violation of any rule adopted by the Registrar; Namely

A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

A.R.S. § 32-1154(A)(3) - R4-9-108(B) Building Codes/Prof. Industry Standards

Complaint Item: 2 - Trying to extort more per foot to finish which he did not say when the wife and I meet him on site last August

Investigator’s Observation: Respondent shall complete the contract for the price agreed to in the contract and any approved and agreed to change orders.

Governing Rule: Failure in a material respect by the licensee to complete a construction project or operation for the price stated in the contract, or in any modification of the contract.

A.R.S. § 32-1154(A)(8)

............................................................

On December 4, 2025, Investigator Allison conducted a compliance inspection. Investigator Allison discovered that Respondent failed to correct the items on the Directive. Investigator Allison’s compliance job-site inspection notes provided, in relevant part, as follows:

Complaint Item: 1 - Stopped work and won't return my calls now that he's been paid 49k been stone walling for me for 13 months

Investigator’s Initial Observation: Respondent shall complete the work in a timely manner with prudence and diligence as contracted by the due date issued in this document.

Compliance Observation: At the time of the compliance inspection it appears that Respondent completed getting the well to depth. However, no documentation was provided for the final depth and Respondent was not onsite for the inspection to verify. The majority of the contract was not completed. It appears that the hole was drilled and casing installed. There was no pump, storage tank, electrical components or solar installed as listed on the contract.

Respondent has not complied with the written directive and did not complete the work with prudence and diligence.

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such

skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor

possessing ordinary skill and capacity.

☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: 2 - Trying to extort more per foot to finish which he did not say when the wife and I meet him on site last August

Investigator’s Initial Observation: Respondent shall complete the contract for the price agreed to in the contract and any approved and agreed to change orders.

Compliance Observation: At the time of the compliance inspection it appears that Respondent completed getting the well to depth. However, no documentation was provided for the final depth and Respondent was not onsite for the inspection to verify. The majority of the contract was not completed. It appears that the hole was drilled and casing installed. There was no pump, storage tank, electrical components or solar installed as listed on the contract.

Respondent has not complied with the written directive and did not complete the work with prudence and diligence.

Governing Rule: Failure in a material respect by the licensee to complete a construction project or operation for the price stated in the contract, or in any modification of the contract.

CORRECTED ☒ NOT CORRECTED

A to Z filed a timely answer to the Citation.

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

evidentiary hearing.

At hearing, Investigator Allison testified consistently with his job-site

inspection notes, the findings in the Directive, and his compliance job-site inspection notes.

Mr. Stewart explained that A to Z performed poor work and failed to

complete the job. Mr. Stewart complained that A to Z stopped work and failed to return his phone calls.

Mr. McCray alleged that A to Z completed all work and was told to stop

working. However, Mr. Stewart stated that he did not tell A to Z to stop work until the hearing date was set. Mr. McCray provided no testimony or written evidence to refute the findings of Investigator Allison or to establish that Mr. Stewart told A to Z to stop work prior to the expiration of the Directive.

Administrative notice is taken of A to Z’s prior License record on

March 10, 2026. Such prior License record reflects that A to Z’s License No. 182801 was first issued on March 5, 2003, and is active. Such prior License record also reflects that one complaint has resulted in discipline against A to Z’s license. A to Z’s prior disciplinary record is considered an aggravating factor in the imposition of discipline and penalties.

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 A to Z’s statutory violation by a preponderance of the evidence. See Ariz. Rev. Stat. section 41-1092.07(G)(2); Ariz. Admin. Code R2-19-119(A) and Ariz. Admin. Code 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 Administrative Law Judge may consider Registrar’s

administrative record. See Ariz. Admin. Code § R4-9-118.

The preponderance of the evidence shows that A to Z abandoned

construction, which is a violation of A.R.S. § 32-1154(A)(1).

The preponderance of the evidence shows that A to Z did not perform

the work in a professional and workmanlike manner, which is a violation of Ariz. Admin. Code R4-9-108(A), and thereby of A.R.S. § 32-1154(A)(3).

The preponderance of the evidence shows that A to Z did not perform

the work in accordance with any applicable building codes and professional industry standards, which is a violation of Ariz. Admin. Code R4-9-108(B), and thereby of A.R.S. § 32-1154(A)(3).

7. The preponderance of the evidence shows that A to Z 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. 182801 issued to A to Z Drilling & Pump Service, LLC, for fourteen days. It is further recommended that the Registrar require A to Z 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 A to Z 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 A to Z’s license, effective on such deadline date.

No future license shall be issued to any entity consisting of persons associated with A to Z, as defined in Ariz. Rev. Stat. section 32-1101(A)(7), unless A to Z 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 10, 2026.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

A to Z Drilling & Pump Service LLC

[email redacted]

[email redacted]

BOB STEWART Jr.

[email redacted]

By: OAH Staff