ALJDEC - Licensing

2026A-03600-NPC-ROC · Registrar of Contractors · 2026-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Theodore Ross Tull,

DBA: Tulls Drywall Co.,

COMPLAINANT,

v.

CWCC Construction, LLC

DBA: Custom Wine Cellar Construction,

License No. ROC 355466,

RESPONDENT.

No. 2026A-03600-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 23, 2026 at 10:30am

APPEARANCES: Complainant Theodore Ross Tull appeared on his own behalf and dba: Tulls Drywall Company. No one appeared on behalf of Respondent.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”). Complainant Exhibits 1 through 61.

FINDINGS OF FACT

CWCC Construction, LLC, dba: Custom Wine Cellar Construction (“Respondent”) is the holder of License No. ROC 355466, first issued by the Registrar of Contractors (“Registrar”) on November 5, 2024.

On or about March 30, 2026, Theodore Ross Tull, dba: Tulls Drywall Company (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $1,450.00 for a residential home demolition located in Paradise Valley, Arizona.

Complainant invoiced Respondent but did not receive payment. On February 24, 2026, Complainant modified the contract price from $1,700.00 to $1,450.00.

The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On April 16, 2026, the Registrar then issued a Citation for alleged violation of Ariz. Rev. Stat. § 32-1154(A)(10).

The Citation requested that Respondent file a written answer by May 1, 2026. Respondent filed its answer by email on April 28, 2026, stating in pertinent part, “While the work itself was completed, the condition in which the job site and surrounding areas of the home were left was less than satisfactory. Proper containment measures, such as plastic barrier walls during demolition, were not implemented, resulting in a significant amount of dust and debris throughout the residence.... We also attempted to address the matter directly with [Complainant] and sought to negotiate a reduced cost in consideration of the circumstances; however, he was not receptive to adjusting the pricing. In an effort to resolve this matter amicably and avoid any further escalation, we have proposed settling the remaining balance for a total of $1,000.00. I have since reached out to [Complainant] again in an effort to find a reasonable resolution regarding this matter.” Respondent did not assert that it lacked the capacity to pay the amount Complainant asserted was due.

On May 1, 2026, the Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.

On May 18, 2026, the Registrar issued a Notice of Hearing, setting a hearing at 10:30am on June 23, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

On May 19, 2026, an order was emailed from the Office of Administrative Hearings to the parties which advised them on how to connect to the hearing via Google Meet. The hearing was held via Google Meet on June 23, 2026 at 10:30am.

Respondent did not request that the hearing be continued. 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.

Hearing Evidence

Theodore Ross Tull, owner of Complainant business, testified on his own behalf. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.

Mr. Tull testified that he would not settle and drop the contract price down to $1,000.00 but did agree to drop the contract price to $1,450.00. Mr. Tull testified that Respondent has not paid the remaining balance.

CONCLUSIONS OF LAW

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 and of the order from the Office of Administrative Hearings.

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.

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

Ariz. Rev. Stat. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license,

[f]ailure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

The purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors.

The preponderance of the evidence shows that Respondent owed Complainant more than $750.00 for materials/services provided in connection with Respondent’s operations as a contractor.

In this case, the evidence established that Respondent owed a total amount of $1,450.00 for services provided.

Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.

Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $1,450.00 for services or materials rendered in connection with Respondent’s contracting business.

Hence, Respondent’s license should be suspended until it pays to Complainant $1,450.00. Based upon Respondent’s violation of the provisions of Ariz. Rev. Stat. § 32-1154(A)(10), grounds exist to impose discipline against Respondent’s license.

RECOMMENDed order

Based on the foregoing,

It is recommended that the Registrar suspend Respondent’s License No. ROC 355466 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $1,450.00 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $1,450.00 in certified funds, the Registrar may close the Complaint in Case No. 2026A-03600.

Pursuant to Ariz. Rev. Stat. § 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, July 12, 2026.

/s/ Nicole Robinson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

CWCC Construction, LLC

DBA: Custom Wine Cellar Construction

2151 Michelson Drive #250

Irvine, CA 92614

[email redacted]

[email redacted]

Theodore Ross Tull

DBA: Tulls Drywall Co

6114 N. 129th Ave.

Litchfield Park, AZ 85340

[email redacted]

By: OAH Staff