ALJDEC - Licensing

2026A-00502-CHC-ROC · Registrar of Contractors · 2026-05-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Grace Construction & Remodeling LLC,

COMPLAINANT

v.

Madero Plumbing, LLC,

License No. ROC 328720,

RESPONDENT

No. 2026A-00502-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 22, 2026

APPEARANCES: Investigator John Smith on behalf of Registrar of Contractors. Fernan Salazar, Qualifying Party, on behalf of Complainant. No appearance on behalf of Respondent.

ADMINISTRATIVE LAW JUDGE: Fahd Nazir

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

_____________________________________________________________________

FINDINGS OF FACT

Madero Plumbing, LLC (Respondent) is the holder of License No. 328720 issued by the Arizona Registrar of Contractors (Registrar).

On or about July 7, 2025, Grace Construction & Remodeling LLC (Complainant) entered into a contract with Respondent for, among other things, plumbing for twelve (12) restrooms.

On or about January 20, 2026, the Registrar received a Complaint against Respondent from Complainant alleging abandonment with respect to the project.

The Registrar assigned the complaint to Investigator John Smith.

Following a jobsite investigation, Investigator Smith concluded that Complainant abandoned the work. As a result of Complainant’s license being revoked at the time, Investigator Smith did not issue a Written Directive.

The Registrar issued a Citation against Respondent, charging possible violations of Ariz. Rev. Stat. § 32-1154(A)(1) and Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

The Registrar issued a Notice of Hearing, setting a hearing at 9:00 a.m. on April 22, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. A March 19, 2026, order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on April 22, 2026.

On April 21, 2026, the Office of Administrative Hearings received an email purporting to be from Respondent requesting that the hearing be continued for “medical reasons” without more information. The parties were advised the motion would be taken up at the time of the hearing.

Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.

Investigator Smith testified as to Respondent abandoning work under the contract and that there were workmanship issues with the work that had been performed.

Mr. Salazar testified that the work performed had to be re-done and that Respondent did not attempt to contact Complainant about completing the work.

Administrative notice is taken of Respondent’s prior License record on April 22, 2026. Such prior License record reflects that Respondent’s License No. 328720 was first issued on May 4, 2020, and was revoked on January 2, 2026. Such prior License record also reflects that there were two open complaints and one prior complaint resulting in discipline against Respondent’s license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing.

Respondent’s revoked license does not deprive Complainant of its right to prosecute its complaint or prevent the Registrar from determining the merits of the complaint.

Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

The evidence established that Respondent submitted a bid for Complainant’s project and did not perform the work in the bid. Accordingly, Complainant established that Respondent abandoned the contract and failed to complete the project in a professional and workmanlike manner in violation of Ariz. Rev. Stat. § 32-1154(A)(1) and Ariz. Rev. Stat. § 32-1154(A)(3), namely Ariz. Admin. Code R4-9-108(A).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License No. 328720 for a period of five days.

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, May 4, 2026.

/s/ Fahd Nazir

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

John Smith

[email redacted]

Madero Plumbing, LLC

[email redacted]

[email redacted]

Grace Construction & Remodeling LLC

[email redacted]

By: OAH Staff