ALJDEC - Licensing
2025A-09504-CHC-ROC · Registrar of Contractors · 2026-01-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
David Gallego,
COMPLAINANT
v.
Arizona Pools & Design LLC
DBA: Arizona Outdoor Landscape & Design,
License No. ROC 332472,
RESPONDENT
No. 2025A-09504-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 8, 2026
APPEARANCES: Complainant Daivd Gallego appeared on his own behalf. Demien Vargas appeared on behalf of Respondent Arizona Pools & Design LLC. Investigator Arlo Huston appeared on behalf of the Arizona Registrar of Contractors.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE:
_____________________________________________________________________
FINDINGS OF FACT
Arizona Pools & Design LLC (Respondent) is the holder of License No. 332472 issued by the Arizona Registrar of Contractors (Registrar).
On or about April 4, 2024, Complainant hired Respondent to resurface the pool located at his residence in Tucson, Arizona.
On or about September 17, 2025, the Registrar received a Complaint against Respondent from Complainant alleging poor work with respect to project.
The Registrar assigned the complaint to Investigator Arlo Houston. The jobsite inspection was performed on October 6, 2025.
Investigator Houston then issued a Written Directive on or about October 6, 2025, which provided in pertinent 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 Monday, October 27, 2025.
. . .
DIRECTIVE REQUIREMENTS
You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1 - The paint has begun to flake off in multiple areas in the fiberglass pool.
Investigator’s Observation: Verified. Upon inspection at this JSI I observed for:
-areas of delamination and/or peeling of coating on interior of pool
-Respondent's revoked license status does not allow them to perform work per Written Directive at this time. The only way the Respondent can remedy the verified items in this Written Directive is by paying the complainant to pay an appropriately licensed contractor to perform corrective work.
Governing Rule: Violation of any rule adopted by the Registrar; Namely
A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
A.R.S. § 32-1154(A)(3) - R4-9-108(A) Workmanship. . .
On October 30, 2025, the Registrar issued a Citation against Respondent, charging possible violations of A.R.S. § 32-1154(A)(3) – R4-9-108(A), and A.R.S. § 32-1154(A)(22).
On or about November 12, 2025, Respondent submitted an Answer to the Registrar.
On or about December 1, 2025, a Notice of Hearing was issued setting a hearing on January 8, 2026, at the Office of Administrative Hearings, an independent state agency.
At hearing, Investigator Houston testified as to the Registrar’s involvement and the above timeline and findings. Investigator Huston also testified that despite Respondent’s licensure status, Mr. Vargas still appeared at the jobsite inspection, and it appeared that he was amenable to finding a resolution.
Complainant testified that Mr. Vargas provided him with two other contractors to perform the corrective work. The first referral, however, was not appropriately licensed. As to the second referral, there was a dispute over what would be fixed and the length of the warranty and the cost of emptying and re-filling the pool appeared to be an issue.
Mr. Vargas did not dispute Complainant’s testimony and still wanted to find a way to resolve the issue.
Administrative notice was taken of Respondent’s prior License record on January 23, 2026. Such prior License record reflected that Respondent’s License No. 332472 was first issued on March 3, 2021, and was revoked on October 30, 2025. The license record also reflected that there was one open case, namely the present case.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano 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 established that there was a violation of A.R.S. § 32-1154(A)(3) – R4-9-108(A), as there was delamination and peeling of the coating on the interior of the pool.
Finally, the preponderance of the evidence established that despite Respondent’s best efforts, it failed to take appropriate corrective action following a written directive from the Registrar in 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 Respondent’s License No. 332472.
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, January 23, 2026.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
David Gallego
[email redacted]
Arizona Pools & Design LLC
DBA: Arizona Outdoor Landscape & Design
[email redacted]
[email redacted]
By: OAH Staff