WASHINGTON STATE

OFFICE OF ADMINISTRATIVE HEARINGS

In the matter of: Docket No. 04-2020-LI-01390

A to Z Contracting Corp. and FINAL ORDER ON CONTRACTOR AND

Manuel L. Regalado, PLUMBING INFRACTIONS, AND INITIAL
ORDER ON ELECTRICAL CITATIONS

Appellants. Agency: Labor and Industries

Program: Contractors/Plumbers
Compliance & Registration
Agency Nos. NREMT01332, EREMT01333,
EREMT01334, PREMT01135

1. ISSUES
1.1. Did A to Z Contracting Corp. advertise, offer to do work, submit a bid, or perform
work when not registered as a contractor, in violation of RCW 18.27.200(1)(a),
as set out in Non-Compliance Infraction No. NREMT01332 dated January 9,
2020?
1.2. Did A to Z Contracting Corp. offer to perform, submit a bid for, advertise, install
or maintained cables, conductors or equipment that convey or utilize electrical
current without having a valid electrical contractor license, in violation of RCW
19.28.041, as set out in Non-Compliance Citation No. EREMT01333?
1.3. Did Manuel Regalado perform electrical work without having a valid certificate of
competency or electrical training certificate, in violation of RCW 19.28.161, as
set out in Non-Compliance Citation No. EREMT01334 dated January 9, 2020?
1.4. Did Manuel Regalado engage or offer to engage in the trade of plumbing without
a current journeyman, specialty, or trainee certificate or temporary permit, in
violation of RCW 18.106.020, as set out in Non-Compliance Infraction No.
PREMT01335 dated January 9, 2020?
1.5. If so, what is the appropriate penalty?
2. ORDER SUMMARY
2.1. Yes. Appellant A to Z Contracting Corp. violated RCW 18.27.200(1)(a) by
offering to do work, submitting a bid, and performing work when not registered
as a contractor as required. Non-Compliance Infraction No. NREMT01332 will
be AFFIRMED.

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 2.1.1. The minimum monetary penalty of $1,000.00, as provided by RCW
18.27.340(3), is appropriate. A to Z Contracting Corp. is liable for the
assessed monetary penalty.
2.2. Appellant A to Z Contracting Corp. violated RCW 19.28.041 by installing cables
and equipment that convey or utilize electrical current without having a valid
electrical contractor license. Non-Compliance Citation No. EREMT01333 will be
AFFIRMED.
2.2.1. The standard monetary penalty of $1,000.00, as provided by WAC 296-46B-
915, is appropriate. A to Z Contracting Corp. is liable for the assessed
monetary penalty.
2.3. Appellant Manuel Regalado did not timely appeal Non-Compliance Citation No.
EREMT01334. Therefore, the undersigned has no jurisdiction to determine
whether or not Mr. Regalado violated RCW 19.28.161 by performing electrical
work without having a valid certificate of competency or electrical training
certificate. Non-Compliance Citation No. EREMT01334, including its associated
monetary penalty, remains in full force and effect.
2.4. Appellant Manuel Regalado violated RCW 18.106.020 by engaging in the trade
of plumbing without a current journeyman, specialty, or trainee certificate or
temporary permit. Non-Compliance Infraction No. PREMT01335 will be
AFFIRMED.
2.4.1. The standard monetary penalty of $250.00, as provided by WAC 296-400A-
400, is appropriate. Manuel Regalado is liable for the assessed monetary
penalty.
3. HEARING
3.1. Hearing Date: September 14, 2020
3.2. Administrative Law Judge: Joni Derifield
3.3. Appellants: A to Z Contracting Corp. and Manuel L. Regalado (“Appellants”)
3.3.1. Representative: Manuel Regalado appeared pro se and represented A to
Z Contracting Corp.
3.3.2. Witness:
3.3.2.1. Manuel Regalado
3.4. Agency: Labor and Industries (“Department”)
3.4.1. Representative: Lisa Roth, Assistant Attorney General
3.4.2. Witnesses:

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 3.4.2.1. Manuel Regalado, Appellant
3.4.2.2. Tyler Remington, Construction Compliance Inspector for the
Department
3.4.2.3. Warren Williamson, Volunteer at Whisker City
3.4.2.4. Bethany Rivera, Program Specialist for the Department
3.4.2.5. Carlos Salazar, Owner of Absolute Contractor Services LLC
3.4.2.6. Mike Brown, Ex-Husband of Homeowner April Brown
3.4.2.7. April Brown, Homeowner
3.5. Exhibits: Exhibits 1 through 19 were admitted.
3.6. Request for Continuance: On Friday, September 11, 2020, the Appellants
submitted a letter to the Office of Administrative Hearings (without copying the
Department’s representative) requesting a continuance of the evidentiary
hearing, which was scheduled to begin on Monday, September 14, 2020. The
undersigned heard oral argument on the Appellants’ motion for a continuance
on September 14, 2020, prior to commencing the evidentiary hearing. The
Appellants cited several factors in support of their request, most notably that
they hoped to retain legal representation for the evidentiary hearing. The
undersigned denied the Appellants’ request for a continuance of the evidentiary
hearing, on the basis that the Appellants’ request was untimely and that the
Appellants had ample time to retain representation following the May 13, 2020
prehearing conference.
4. FINDINGS OF FACT
I find the following facts by a preponderance of the evidence:
Jurisdiction
4.1. On January 9, 2020, the Department issued Non-Compliance Infraction No.
NREMT01332 and Non-Compliance Citation No. EREMT01333 to Appellant A
to Z Contracting Corp. (“A to Z”). Ex. 1, pg. 3; Ex. 2, pg. 3. That same day, the
Department mailed notices to A to Z informing it of each infraction and citation.
Ex. 1, pg. 1-2; Ex. 2, pg. 1-2.
4.2. On January 9, 2020, the Department issued Non-Compliance Citation No.
EREMT01334 and Non-Compliance Infraction No. PREMT01335 to Appellant
Manuel Regalado. Ex. 2, pg. 6; Ex. 3, pg. 3. That same day, the Department
mailed notices to Mr. Regalado informing him of each infraction and citation.
Ex. 2, pg. 4-5; Ex. 3, pg. 1-2.

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 4.3. On or about February 4, 2020, A to Z filed a timely appeal of Non-Compliance
Infraction No. NREMT01332. Ex. 1, pg. 6. On or about February 13, 2020, A to
Z filed a timely appeal of Non-Compliance Citation No. EREMT01333. Ex. 2,
pg. 14. On or about January 31, 2020, Mr. Regalado filed a timely appeal of
Non-Compliance Infraction No. PREMT01335. Ex. 3, pg. 6.
4.4. With respect to Non-Compliance Citation No. EREMT01334, which the
Department issued to Mr. Regalado personally, on March 16, 2020, the
Department issued a letter informing him that it denied his appeal request
because “[a]ppeal bond is not certified funds or not included.” Ex. 18, pg. 1-2.
That letter advised Mr. Regalado that he could appeal the Department’s
decision in this regard within 30 days. Id., at 1. The Department sent this letter
to Mr. Regalado’s current address at the time, and an individual at that address
signed a certified mail card confirming receipt of the letter. Id., at 1-2.
4.5. RCW 19.28.490 requires that appeals of electrical citations be filed within 20
days after receipt of the citation notice. Additionally, that statute states that the
written appeal “shall be accompanied by a certified check for two hundred
dollars or ten percent of the penalty amount, whichever is less, but in no event
less than one hundred dollars.” Id.
4.6. After receiving the Department’s March 16, 2020 letter, Mr. Regalado took no
further action on this citation; he did not file an appeal of the March 16, 2020
letter, nor did he submit an appeal bond. Regalado Testimony; Rivera
Testimony. Mr. Regalado did not present any evidence on this issue other than
a bare assertion that he paid the appeal bond fee. Regalado Testimony. In
contrast, Bethany Rivera, Program Specialist for the Department, testified that
the Department never received an appeal bond payment from Mr. Regalado for
this citation. Rivera Testimony; see also Ex. 2, pg. 16. Ms. Rivera testified at
length regarding the Department’s appeal bond payment processing
procedures, and regarding her search of the Department’s financial database for
payments from Mr. Regalado. Id. Based on this evidence, the undersigned
concludes Mr. Regalado did not submit an appeal bond for Non-Compliance
Citation No. EREMT01334, as required by RCW 19.28.490.
4.7. Accordingly, Mr. Regalado did not timely appeal Non-Compliance Citation No.
EREMT01334. The undersigned has no jurisdiction to address this appeal, and
the citation remains in full force and effect.
A to Z Contracting Corp. and Manuel Regalado
4.8. Appellant A to Z is a Washington corporation formed on September 13, 2018.
Ex. 5, pg. 1. Manuel “Manny” Regalado is its only owner and governor. Id.;
Regalado Testimony.

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 4.9. A to Z was first licensed as a general contractor on August 7, 2019, under
contractor license number ATOZCCC817NG, and maintained that licensure
since that time. Id., at 2. A to Z is not registered as an electrical contractor or
plumbing contractor. Regalado Testimony.
4.10. Mr. Regalado has never been licensed as an electrician or certified as a
plumber in the State of Washington. Id. He was not employed by any company
other than A to Z during the period of 2018 to present. Id.
Work Performed at 1620 N. 183rd St. in Shoreline
4.11. April Brown owns a home located at 1620 N. 183rd St. in Shoreline. A. Brown
Testimony. Ms. Brown operates a cat rescue called Whisker City across the
street from her home. A. Brown Testimony; Williamson Testimony. Ms. Brown
met Mr. Regalado in late March of 2018 or early April of 2018 through her work
at Whisker City. Regalado Testimony; A. Brown Testimony.
4.12. Mr. Regalado began performing work on Ms. Brown’s personal residence on or
about December 10, 2018. A. Brown Testimony; Ex. 1, pg. 4. Ms. Brown and
Mr. Regalado verbally agreed that Mr. Regalado would be paid $350.00 per day
for services he performed at Ms. Brown’s personal home as well as at Whisker
City. Regalado Testimony; Brown Testimony; see also Ex. 4, pg.1, Ex. 10, pg.
1. Mr. Regalado last worked at Ms. Brown’s residence on or about September
14, 2019. Regalado Testimony.
4.13. In 2018, Mr. Regalado performed a number of tasks at Ms. Brown’s home which
he described as “grunt work.” Id. He performed a substantial amount of
cleaning and demolition work that was necessary due to water damage in the
home. Id. He removed drywall, can lights, rotten wood flooring, and tile in the
bathroom. Id. In addition, Mr. Regalado performed framing, drywall installation,
carpentry, molding and trim installation, installation of tongue and groove ceiling,
hanging doors, installing cabinets, and concrete work. Regalado Testimony;
Williamson Testimony; Ex. 12, pg. 10, 14. He performed demolition of the roof,
and framed and installed the new roof. Regalado Testimony; Salazar
Testimony.
4.14. In addition to the roof, the larger scale projects Mr. Regalado performed at Ms.
Brown’s home involved creating an opening between the living room and
kitchen, changing the floor plan in the laundry room, renovating the guest
bathroom, building a cat room, building a covered patio, and building a new gate
for the fence. Id.
4.15. In terms of electrical work, Mr. Regalado switched out electrical outlets, installed
light switches and dimmers, and installed light fixtures, including connecting
them to the electrical wiring. Regalado Testimony; A. Brown Testimony; M.
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 Brown Testimony; Salazar Testimony; Ex. 6, pg. 6; Ex. 12, pg. 9; Ex. 12, pg. 11.
He relocated the patio light fixture, and installed new canned lighting inside the
home, both of which required running wiring to the new location. Regalado
Testimony; A. Brown Testimony; Williamson Testimony; Salazar Testimony;
Remington Testimony; Ex. 1, pg. 4; Ex. 10, pg. 4. The canned lighting
installation occurred in early 2019. Regalado Testimony. He switched out a
breaker on Ms. Brown’s electrical panel. Id.; Ex. 12, pg. 24-25.
4.16. As for plumbing work, Mr. Regalado installed a sink and faucet in the kitchen,
and hooked up the kitchen sink to the drain. Regalado Testimony; A. Brown
Testimony; Williamson Testimony; Ex. 4, pg. 1. He installed one other faucet in
Ms. Brown’s home. Regalado Testimony. He installed a pedestal sink in the
bathroom. Regalado Testimony; Brown Testimony. He installed a toilet, a tub,
and a drain. A. Brown Testimony; Williamson Testimony; Remington Testimony;
Ex. 1, pg. 5. Mr. Regalado did plumbing work in the laundry room. Regalado
testimony; M. Brown Testimony; Ex. 10, pg. 6. Mr. Regalado removed existing
water lines under the home and installed replacement water lines in December
of 2018 or January of 2019. Salazar Testimony; A. Brown Testimony.
4.17. Mr. Regalado arranged for other workers and contractors to perform work at Ms.
Brown’s home, and gave instructions to those workers while they were at Ms.
Brown’s home. A. Brown Testimony; Regalado Testimony. In addition, Mr.
Regalado arranged for delivery of materials. Id.
4.18. Mr. Regalado worked on Ms. Brown’s home from December of 2018 to
September of 2019. A. Brown Testimony; Ex. 1, pg. 4. The last two months Mr.
Regalado worked for Ms. Brown (August and September of 2019), the only
tasks he performed were installing light switches, assembling kitchen cabinets,
and replacing the kitchen faucet and connecting that sink to the drain. Regalado
Testimony. All of the other work he performed occurred prior to August 1, 2019.
Id.
4.19. Ms. Brown wrote Mr. Regalado a number of checks for his work during the
course of their relationship. Ex. 8, pg. 2-37. She wrote the first check to Mr.
Regalado on September 30, 2018 and the final check in June of 2019. A.
Brown Testimony; Ex. 8, pg. 2, 37, 39. Mr. Regalado acknowledges Ms. Brown
paid him for the work described above. Regalado Testimony.
4.20. Although Ms. Brown wrote checks to Mr. Regalado personally, Mr. Regalado
sent Ms. Brown several invoices on letterhead with the header “A to Z
Contracting Corp,” the first of which was dated December 29, 2018. Ex. 7, pg.
1-2. That invoice detailed contractor and tradesman fees as well as expenses
for construction-related materials. Id. The footer on the invoice states: “[p]lease
make all payments to A to Z Contracting, Corp.” Id., at 2. Mr. Regalado sent an
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 additional invoice to Ms. Brown on identical A to Z letterhead on January 7,
2019. Ex. 7, pg. 4-5.
4.21. Mr. Regalado maintains that he did not operate A to Z prior to obtaining general
contractor registration on August 7, 2019, and that A to Z did not perform any
work at Ms. Brown’s house. Regalado Testimony; Ex. 4, pg. 1. He claims that
the invoices he provided to Ms. Brown on A to Z letterhead were for insurance
purposes only and did not constitute a bid. Regalado Testimony. Notably, Mr.
Regalado stated during his testimony that he drafted the invoices but that the
“contents are falsified” because he was trying to help Ms. Brown. Id. That
testimony alone gives the undersigned reason to question his veracity.
4.22. A number of other documents contradict Mr. Regalado’s assertion that he did
not operate A to Z before it was registered as a contractor. For example,
supplier Windorco Supply Inc. provided an invoice to “Manny Regalado / A-Z
Contracting” on March 1, 2019. Ex. 7, pg. 6. Gutter Factory, Inc. provided an
invoice to “Manny Regalato A to Z Const” on April 20, 2019. Ex. 7, pg. 9.
Gutters, Inc. provided an invoice to “A-Z Contracting” on April 24, 2019. Ex. 7,
pg. 10. Mr. Regalado had business accounts with Home Depot and Dunn
Lumber which referenced his business name, “A to Z Contracting,” and his
business email address, manny@atozcontractingcorp.com. Ex. 17, pg. 18, 23,
41, 47, 51, 56; see also A. Brown Testimony. Mr. Regalado used these
business accounts for Ms. Brown’s project as early as December of 2018 and
continued to use the accounts throughout 2019. Id.
4.23. In addition, documentation from the Washington Secretary of State shows that
Mr. Regalado formed A to Z on September 13, 2018. It makes little sense that
Mr. Regalado would bother to form a corporation if he did not intend to operate
it. Finally, the undersigned notes that Mr. Regalado was initially evasive when
asked by the Department’s attorney what work he did for the compensation Ms.
Brown paid him. He was asked three times what work he did before he finally
began to answer the question.
4.24. In sum, Mr. Regalado acknowledges that he formed A to Z prior to obtaining
contractor registration, that he sent out invoices in the name of A to Z and
received invoices from suppliers in the name of A to Z, and that he used
business accounts in the name of A to Z to purchase supplies for Ms. Brown’s
projects, yet he insists that he did not operate A to Z until he obtained contractor
registration for the company on August 7, 2019. That assertion is simply not
credible.

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 Department’s Investigation
4.25. On October 5, 2019, Ms. Brown filed a complaint through the Department’s
website. Ex. 1, pg. 4. The Department assigned Tyler Remington to investigate
the complaint. Remington Testimony. Mr. Remington spoke with Ms. Brown
regarding her complaint on October 14, 2019. Ex. 1, pg. 4. Ms. Brown reported
that Mr. Regalado performed extensive work at her home. Id. The project
involved a roof replacement plus remodeling the inside of her home, including
installation of light fixtures and plumbing fixtures. Id.
4.26. Following his conversation with Ms. Brown, Mr. Remington searched the
Department’s database and discovered that A to Z obtained a general contractor
license on August 7, 2019, although the business incorporated on September
20, 2018. Id. He could not locate an electrical contractor license for A to Z, or
an electrical or plumbing certificate for Mr. Regalado. Id.
4.27. On December 27, 2019, Mr. Remington spoke with Mr. Regalado. Id. Mr.
Regalado admitted to installing can lights in Ms. Brown’s kitchen. Id. He also
admitted to installing a sink in the bathroom as well as a tub and drain. Id.
4.28. On January 9, 2020, Mr. Remington issued Non-Compliance Infraction No.
NREMT01332 to A to Z Contracting Corp. for advertising, offering to do work,
submitting a bid, or performing work when not registered as a contractor, as
required, in violation of RCW 18.27.200(1)(a). Ex. 1, pg. 3. The infraction
assessed a penalty of $1,000.00. Id.
4.29. On January 9, 2020, Mr. Remington issued Non-Compliance Citation No.
EREMT01333 to A to Z Contracting Corp. for offering to perform, submitting a
bid for, advertising, installing or maintaining cables, conductors or equipment
that convey or utilize electrical current without having a valid electrical contractor
license, in violation of RCW 19.28.041. Ex. 2, pg. 3. The citation assessed a
penalty of $1,000.00. Ex. 2, pg. 1.
4.30. On January 9, 2020, Mr. Remington issued Non-Compliance Infraction No.
PREMT01335 to Manuel Regalado for engaging or offering to engage in the
trade of plumbing without a current journeyman, specialty or trainee certificate or
temporary permit as required, in violation of RCW 18.106.020. Ex. 3, pg. 3.
The infraction assessed a penalty of $250.00
5. CONCLUSIONS OF LAW
Based upon the facts above, I make the following conclusions:
Jurisdiction
5.1. The Office of Administrative Hearings has jurisdiction over the persons and
subject matter of this case under RCW 18.27.310 and WAC 296-200A-350
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 (related to contractor registration), RCW 19.28.131 and WAC 296-46B-
995(12)(a) (related to electrical), RCW 18.106.200 and WAC 296-200A-350
(related to plumbing), and under Chapter 34.05 RCW generally.
Burden of Proof
5.2. Pursuant to RCW 18.27.310(2), which applies to contractor infractions, “[t]he
burden of proof is on the department to establish the commission of the
infraction by a preponderance of the evidence, unless the infraction is issued
against an unregistered contractor in which case the burden of proof is on the
contractor.”
5.3. Similarly, in all appeals of Chapter 19.28 RCW (Electricians and Electrical
Installations) and WAC 296-46B (Electrical Safety Standards, Administration,
and Installation) heard by the Office of Administrative Hearings, the burden of
proof is on the Department to establish by a preponderance of the evidence that
the violation occurred. WAC 296-46B-995(21)(c).
5.4. Likewise, in a plumbing infraction case, “the burden of proof is on the
department to establish the commission of the infraction by a preponderance of
the evidence.” RCW 18.106.250.
5.5. A preponderance of the evidence is that evidence, which when fairly considered,
produces the stronger impression, has the greater weight, and is the more
convincing as to its truth when weighed against the evidence in opposition
thereto. Yamamoto v. Puget Sound Lb. Co., 84 Wash. 411, 146 Pac. 861
(1915).
5.6. Substantial evidence must be present and must be “sufficient to persuade a fair-
minded person of the truth or correctness of the matter.” Ognom v. Dpt. of
Health, 124 Wn. App. 935, 948-49, 104 P.3d 29 (2005), reviewed on other
grounds, 155 Wn.2d 1001, 122 P.3d 185 (2005).
Contractor Laws
5.7. The purpose of the contractor statutes is to “afford protections to the public
including all persons, firms, corporations furnishing labor, materials, or
equipment to a contractor from unreliable, fraudulent, financially irresponsible, or
incompetent contractors.” RCW 18.27.140.
5.8. “This chapter shall be strictly enforced. Therefore, the doctrine of substantial
compliance shall not be used by the department in application and construction
of this chapter. Anyone engaged in the activities of a contractor is presumed to
know the requirements of this chapter.” RCW 18.27.005.
5.9. “It is a violation of this Chapter and an infraction for any contractor to: (a)
advertise, offer to do work, submit a bid, or perform any work as a
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 contractor without being registered as required in this chapter.” RCW
18.27.200(1)(a).
5.10. Under RCW 18.27.010(1)(a),
“Contractor” includes any person, firm, corporation, or other entity who or
which, in the pursuit of an independent business undertakes or offers to
undertake, or submits a bid to construct, alter, repair, add to, subtract from,
improve, develop, move, wreck, or demolish any building, highway, road,
railroad, excavation or other structure, project, development, or improvement
attached to real estate or to do any part thereof, including the installation of
carpeting or floor covering, the erection of scaffolding or other structures or
works in connection therewith, the installation or repair of roofing or siding,
performing tree removal services, or cabinet or similar installation, or who, to
do similar work upon his or her own property employs members of more than
one trade upon a single job or project or under a single building permit
except as otherwise provided in this chapter.”
5.11. A “general contractor” is defined as “a contractor whose business operations
require the use of more than one building trade or craft upon a single job or
project or under a single building permit. A general contractor also includes one
who superintends, or consults on, in whole or in part, work falling within the
definition of a contractor.” RCW 18.27.010(5).
5.12. “A contractor found to have committed an infraction under RCW 18.27.200 for
failure to register shall be assessed a fine of not less than one thousand
dollars, nor more than five thousand dollars. The director may reduce the
penalty for failure to register, but in no case below five hundred dollars, if the
person becomes registered within ten days of receiving a notice of infraction and
the notice of infraction is for the first offense.” RCW 18.27.340(3) (emphasis
added).
Electrical Laws
5.13. The Department is responsible for implementing and enforcing the provisions of
Chapter 19.28 RCW and Chapter 296-46B WAC, governing the electrical safety
standards, administration, and installation of electrical goods and services
in the State of Washington.
5.14. RCW 19.28.101 requires persons, firms, partnerships, corporations, or other
entities making electrical installations to do so in strict accordance with Chapter
19.28 RCW and Chapter 296 WAC.
5.15. RCW 19.28.041 provides, in pertinent part:

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 It is unlawful for any person, firm, partnership, corporation, or other entity to
advertise, offer to do work, submit a bid, engage in, conduct or carry on
the business of installing or maintaining wires or equipment to convey
electric current, or installing or maintaining equipment to be operated
by electric current as it pertains to the electrical industry, without having an
unrevoked, unsuspended and unexpired electrical contractor license, issued
by the department.
RCW 19.28.041(1) (emphasis added).
5.16. RCW 19.28.006 provides definitions applicable throughout Chapter 19.28 RCW.
“Equipment” means “any equipment or apparatus that directly uses, conducts,
insulates, or is operated by electricity but does not mean: Plug-in appliances; or
plug-in equipment as determined by the department by rule.” RCW
19.28.006(9).
5.17. WAC 296-46B-915 provides that a person, firm, partnership, corporation, or
other entity who violates a provision of Chapter 19.28 RCW or Chapter 296-46B
WAC is liable for civil penalties. In the case of a first violation of RCW
19.28.041(1) within a three year period, the monetary penalty is $1,000.00. Id.
In the case of a first violation of RCW 19.28.161(1) within a three year period,
the monetary penalty is $250.00. Id.
Plumbing Laws
5.18. Pursuant to RCW 18.106.020, “[n]o person may engage in or offer to engage in
the trade of plumbing without having a journey level certificate, specialty
certificate, residential service certificate, temporary permit, or trainee certificate.”
5.19. “Plumbing” is defined as
that craft involved in installing, altering, repairing and renovating potable
water systems, liquid waste systems, and medical gas piping systems
within a building as defined by the plumbing code as adopted and amended
by the state building code council, and including all piping, fixtures, pumps,
and plumbing appurtenances that are used for rainwater catchment and
reclaimed water systems within a building.
RCW 18.106.010(8).
5.20. Similarly, WAC 296-400A-005 defines “plumbing” as
that craft involved in installing, altering, repairing and renovating potable
water systems, liquid waste systems and medical gas piping systems in
the footprint of a building. Potable water systems, liquid waste systems, and
medical gas piping systems are defined by the current Uniform Plumbing
Code (UPC) and amendments adopted by the state building code council.
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 All piping, fixtures, pumps and plumbing appurtenances that are used for rain
water catchment and a reclaimed water system are included in the definition
of liquid waste systems.
5.21. The Uniform Plumbing Code in turn defines the term “potable water” as “[w]ater
that is satisfactory for drinking, culinary, and domestic purposes and that meets
the requirements of the Health Authority Having Jurisdiction.” Uniform Plumbing
Code § 218.0 (2015 version).
5.22. WAC 296-400A-400 specifies the monetary penalties for violating plumbing
certification requirements. An individual who is cited for a first infraction of
Chapter 18.106 RCW will be assessed a monetary penalty of $250.00. WAC
296-400A-400(1)(a) (version in effect at time of citation; see WSR 20-16-141).
A to Z Performed Work as a Contractor While Unregistered
5.23. In this case, Appellant A to Z failed to meet its burden of proving by a
preponderance of evidence that it did not perform work as a contractor while
unregistered.
5.24. By his own admission, Mr. Regalado personally performed work as a contractor
at Ms. Brown’s home during the period of December 2018 through September
2019. He performed a large number of construction projects at Ms. Brown’s
home, including demolition work, framing, drywall installation, molding and trim
installation, installation of tongue and groove ceiling, hanging doors, installing
cabinets, and concrete work. Mr. Regalado performed a large-scale remodel of
Ms. Brown’s home. Furthermore, as will be discussed below, he performed
electrical and plumbing work. In addition to the construction work he performed,
he functioned as a general contractor for the project as a whole, recruiting and
directing the work of laborers and contractors. Mr. Regalado did the bulk of this
work in late 2018 and early 2019.
5.25. The facts establish that Mr. Regalado did all of the construction work on Ms.
Brown’s residence as the owner of A to Z and on its behalf. Mr. Regalado
presented himself as the owner of A to Z to Ms. Brown, to her acquaintances, to
suppliers, and to other contractors. Mr. Regalado obtained business accounts
in the name of A to Z which he used for Ms. Brown’s project, and provided Ms.
Brown two bids on A to Z’s letterhead. Mr. Regalado conducted business as A
to Z.
5.26. Furthermore, Mr. Regalado formed A to Z on September 13, 2018 but the
company did not become a registered contractor until August 7, 2019. Mr.
Regalado, acting on behalf of A to Z, offered to perform and did in fact perform
substantial construction work at Ms. Brown’s home between September 13,
2018 and August 7, 2019, prior to obtaining contractor registration. Accordingly,
FINAL ORDER OAH: (253) 476-6888
Docket No. 04-2020-LI-01390 Page 12 of 19
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 the undersigned concludes A to Z violated RCW 18.27.200(1)(a) by offering to
do work, submitting a bid, and performing work when not registered as a
contractor as required.
5.27. Non-Compliance Infraction No. NREMT01332 will be AFFIRMED.
5.28. As a result of A to Z violating RCW 18.27.200(1)(a), the minimum monetary
penalty of $1,000.00 is appropriate.
A to Z Performed Electrical Work Without an Electrical Contractor License
5.29. Regarding the electrical citation issued to A to Z, the Department met its burden
of persuasion in establishing that A to Z performed electrical work without an
electrical contractor license.
5.30. As was noted above, Mr. Regalado performed work at Ms. Brown’s home on
behalf of A to Z. Mr. Regalado admits that he performed electrical work,
including installing wiring, electrical outlets, light switches, light fixtures, and a
breaker on the electrical panel. A to Z was not then, nor has it ever been, an
electrical contractor. Therefore, A to Z violated RCW 19.28.041 by installing
cables and equipment that convey or utilize electrical current without having a
valid electrical contractor license.
5.31. Non-Compliance Citation No. EREMT01333 will be AFFIRMED.
5.32. As a result of A to Z violating RCW 19.28.041, the standard monetary penalty of
$1,000.00 is appropriate.
Manuel Regalado Engaged in the Trade of Plumbing Without a Certificate
5.33. As to the plumbing infraction issued to Mr. Regalado personally, the Department
met its burden of proving by a preponderance of evidence that Mr. Regalado
committed the infraction.
5.34. Once again, Mr. Regalado admits to installing two sinks and two faucets in Ms.
Brown’s home, and that he hooked at least one sink to the drain. Mr. Regalado
also concedes he did plumbing work in the laundry room. In addition to these
admissions, the evidence shows he also installed a toilet, a tub, and a drain, and
that he removed and installed water lines under the home. Mr. Regalado did not
hold any type of plumber certification at the time he did the work, nor has he
ever held such certification. Mr. Regalado violated RCW 18.106.020 on this
basis.
5.35. Non-Compliance Infraction No. PREMT01335 will be AFFIRMED.
5.36. As a result of Mr. Regalado violating RCW 18.106.020, the standard monetary
penalty of $250.00 is appropriate.

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 13 of 19
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 6. FINAL ORDER
IT IS HEREBY ORDERED THAT:
6.1. Non-Compliance Infraction No. NREMT01332, Non-Compliance Citation No.
EREMT01333, and Non-Compliance Infraction No. PREMT01335 are
AFFIRMED.
6.2. The undersigned has no jurisdiction to address the untimely appeal of Non-
Compliance Citation No. EREMT01334. Therefore, that citation, including its
associated monetary penalty, remains in full force and effect.
6.3. Appellant A to Z Contracting Corp. violated RCW 18.27.200(1)(a) by offering to
do work, submitting a bid, and performing work when not registered as a
contractor as required.
6.3.1. The minimum monetary penalty of $1,000.00, as provided by RCW
18.27.340(3), is appropriate. A to Z Contracting Corp. is liable for the
assessed monetary penalty.
6.4. Appellant A to Z Contracting Corp. violated RCW 19.28.041 by installing cables
and equipment that convey or utilize electrical current without having a valid
electrical contractor license.
6.4.1. The standard monetary penalty of $1,000.00, as provided by WAC 296-46B-
915, is appropriate. A to Z Contracting Corp. is liable for the assessed
monetary penalty.
6.5. Appellant Manuel Regalado violated RCW 18.106.020 by engaging in the trade
of plumbing without a current journeyman, specialty, or trainee certificate or
temporary permit.
6.5.1. The standard monetary penalty of $250.00, as provided by WAC 296-400A-
400, is appropriate. Manuel Regalado is liable for the assessed monetary
penalty.

Issued from Tacoma, Washington on the date of mailing.

Joni Derifield
Administrative Law Judge
Office of Administrative Hearings

CERTIFICATE OF SERVICE ATTACHED

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 14 of 19
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 APPEAL RIGHTS – Non-Compliance Infraction No. NREMT01332

PETITION FOR RECONSIDERATION

Within 10 days of the service of this order, any party may file a petition for
reconsideration with the Office of Administrative Hearings at:

Office of Administrative Hearings

949 Market Street, Suite 500
Tacoma, WA 98406

The petition for reconsideration must state the specific grounds upon which relief is
requested. RCW 34.05.470(1). WAC 10-08-215.

The petition for reconsideration will not stay the effectiveness of this order. Id. at (2).

PETITION FOR REVIEW

This order becomes final on the date of mailing unless within thirty (30) days of mailing,
a party files a petition for judicial review with the Superior Court. RCW 34.05.542(2).
The petition for judicial review may be filed in the Superior Court of Thurston County, of
the county where petitioner resides, or of the county were the property owned by the
petitioner and affected by the contested decision is located. RCW 34.05.514(1). The
petition for judicial review must be served on all parties of record within thirty (30) days
of mailing of the final order. Service of the petition for judicial review on opposing
parties is completed when deposited in the U.S. Mail, as evidenced by the postmark.
RCW 34.05.542(4).

The petition for judicial review must include the following: (1) the name and mailing
address of the petitioner; (2) the name and mailing address of the petitioner’s attorney,
if any; (3) facts that demonstrate that the petitioner is entitled to obtain judicial review;
(4) the petitioner’s reasons for believing that relief should be granted; and (5) a request
for relief, specifying the type and extent of relief requested. RCW 34.05.546

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 15 of 19
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 APPEAL RIGHTS – Non-Compliance Citation Nos. EREMT01333 and EREMT01334

PETITION FOR REVIEW

Either party may appeal this Proposed Order to the Electrical Board.1 You must file
your appeal within twenty (20) days of the day OAH mails you the Proposed Order.2 To
appeal, file a written notice of appeal with the Chief Electrical Inspector at P.O. Box
44460, Olympia, WA 98504-4460.3 You may file and serve your appeal by ordinary
mail, certified or registered mail, or personal delivery.4 The appeal is filed the day the
Chief Electrical Inspector receives it.5 Appeals must specify those conclusions of law
and findings of fact that you disagree with.6 The Board will not grant a new hearing;
instead, it will rely on the record of the hearing. The appealing party has the burden of
proof by a preponderance of the evidence.7

The appeal must be heard on a regularly scheduled Electrical Board meeting at least
forty-five (45) days after you file your appeal.8 The Electrical Board meets on the last
Thursday of January, April, July, and October.9 If you want the Electrical Board to
consider written arguments, briefs, testimony, or other documents, you must submit
them at least forty-five (45) days prior to the scheduled hearing.10

If no party files a timely appeal, the Proposed Order automatically becomes a Final
Order.11

1 WAC 296-46B-995(13)(a).
2 WAC 296-46B-995(13)(a); RCW 34.05.010(19).
3 WAC 296-46B-995(13).
4 RCW 34.05.010(6), (19).
5 WAC 10-08-110(1).
6 WAC 296-46B-995(20).
7 WAC 296-46B-995(20)(d).
8 WAC 296-46B-995(13)(b).
9 WAC 296-46B-995(4).
10 WAC 296-46B-995(13)(b).
11 WAC 296-46B-995(19).

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 16 of 19
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 APPEAL RIGHTS – Non-Compliance Infraction No. PREMT01335

PETITION FOR RECONSIDERATION

Within 10 days from the day OAH mailed this order, any party may file a petition for
reconsideration with OAH at 949 Market Street, Suite 500, Tacoma, WA 98406. The
petition must explain what the party wants the ALJ to reconsider and why.12

If a party timely files a petition for reconsideration, the time for filing a petition for judicial
review does not start until after OAH rules on the petition for reconsideration.13 OAH
must rule on the petition within twenty (20) days or issue a written notice extending the
deadline.14 If OAH does not rule on the petition or extend the deadline within 20 days
after filing, the petition is automatically denied.15

A party can file a petition for judicial review without first filing a petition for
reconsideration.16

PETITION FOR JUDICIAL REVIEW

You may file a petition for judicial review with the Superior Court within 30 days of the
day OAH mailed this order.17 You may file the petition in Thurston County Superior
Court, the Superior Court of the county where you reside, or the Superior Court of the
county where the property affected by the decision is located.18 To complete filing, you
must also serve the petition for judicial review on the other party within 30 days of the
day OAH mailed this order.19

THE PETITION FOR JUDICIAL REVIEW MUST INCLUDE THE FOLLOWING: (1) THE NAME AND
MAILING ADDRESS OF THE PETITIONER; (2) THE NAME AND MAILING ADDRESS OF THE
PETITIONER’S ATTORNEY, IF ANY; (3) FACTS THAT SHOW THE PETITIONER HAS A RIGHT TO
JUDICIAL REVIEW; (4) AN EXPLANATION WHY THE COURT SHOULD MODIFY THIS FINAL
ORDER; AND (5) A SPECIFIC REQUEST FOR JUDICIAL ACTION. 20

12 RCW 34.05.470(1); WAC 10-08-215.

13 RCW 34.05.470(3).
14 RCW 34.05.470(3).
15 RCW 34.05.470(3).
16 RCW 34.05.470(5).
17
RCW 34.05.542(2).
18
RCW 34.05.514(1).
19
RCW 34.05.542(2).
20
RCW 34.05.546.
FINAL ORDER OAH: (253) 476-6888
Docket No. 04-2020-LI-01390 Page 17 of 19
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 CERTIFICATE OF SERVICE FOR OAH DOCKET NO. 04-2020-LI-01390

I certify that true copies of this document were served from Tacoma, Washington via
Consolidated Mail Services upon the following as indicated:

☒ First Class Mail

A to Z Contracting Corp. ☒ Certified Mail, Return Receipt
c/o Manuel Regalado 9489 0090 0027 6093 5906 84
10002 Aurora Ave. N. Suite 36 ☐ Hand Delivery via Messenger
Seattle, WA 98133 ☐ Campus Mail
Appellant ☐ Facsimile
☐ E-mail

☐ First Class Mail

Lisa Roth, AAG ☐ Certified Mail, Return Receipt
Office of the Attorney General ☐ Hand Delivery via Messenger
MS: TB-14 ☐ Campus Mail
800 5th Ave Suite 2000 ☐ Facsimile
Seattle, WA 98104 ☒ E-mail lisam.roth@atg.wa.gov
Agency Representative rachel.thornton@atg.wa.gov
lniseaeservice@ATG.WA.GOV

Dean Simpson, Chief

☐ First Class Mail
Contractor & Plumber Section
☐ Certified Mail, Return Receipt
Department of Labor & Industries
☐ Hand Delivery via Messenger
MS: 44450
☒ Campus Mail
PO Box 44450
☐ Facsimile
Olympia, WA 98504-4450
☐ E-mail
Agency Contact

Contractor, Plumber and FAS Appeals ☐ First Class Mail

Department of Labor & Industries ☐ Certified Mail, Return Receipt
MS: 44450 ☐ Hand Delivery via Messenger
PO Box 44450 ☒ Campus Mail
Olympia, WA 98504 ☐ Facsimile
Agency Contact ☐ E-mail

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 18 of 19
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 ☒ First Class Mail
Tyler Remington
☐ Certified Mail, Return Receipt
Department of Labor & Industries
☐ Hand Delivery via Messenger
616 120th Ave NE Suite C-201
☐ Campus Mail
Bellevue, WA 98005
☐ Facsimile
Agency Contact
☐ E-mail

Date: Friday, November 13, 2020

OFFICE OF ADMINISTRATIVE HEARINGS

Carla Sullivan
Legal Assistant 2

FINAL ORDER OAH: (253) 476-6888

Docket No. 04-2020-LI-01390 Page 19 of 19
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