ALJDEC

01F-L0180-ROC · Registrar of Contractors · 2001-09-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: 12 September 2001 APPEARANCES: Complainant: Pete Logan, Owner of Westco Paint, Inc. Respondent: None. ADMINISTRATIVE LAW JUDGE: Maurice McWhirter _____________________________________________________________________ Complainant filed a complaint with the Arizona Registrar of Contractors (“ROC”) alleging Respondent committed violations of certain provisions of ARS §32-1154(A), specifically subsection 11, by failing to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s operations as a contractor.

FINDINGS OF FACT 1. The above-entitled case was called to hearing on 12 September 2001 at 1:30 PM at the ROC Office in Lake Havasu City, Arizona pursuant to a duly promulgated Notice Of Hearing issued to the parties on 7 June 2001, for the purpose of hearing Complainant’s allegations regarding Respondent. 2. Complainant sells paint and painting supplies. Beginning in February 2000, Complainant began selling various quantities and types of paint, plus other painting supplies, to Respondent on account. By February 2001 (the month in which the complaint in this case was filed by Complainant), Respondent owed approximately $11,537.85 on his account with Complainant. Respondent paid $1500 on the account in March 2001, $1500 in April 2001, $500 in May 2001, $1500 in June 2001 and $500 in August 2001. Complainant has made many attempts, both verbally and in writing, to have Respondent bring his account current, but to no avail. Currently, Complainant states that Respondent still owes $4978.72 on his account, and that Respondent’s account is over 120 days overdue. 3. Respondent failed to appear and, consequently, no evidence was presented in support of Respondent’s case.

CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar pursuant to ARS §32-1104 and Title 4, Chapter 9, Article 1 of the Arizona Administrative Code. 2. The burden of proof generally at an administrative hearing falls to the Complainant. Culpepper v. Arizona Board of Nursing, 187 Ariz. 431, 930 P.2d 508 (App. 1997). Further, the standard of proof at hearing is by a “preponderance of the evidence”. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). Complainant presented a prima facie case at the hearing and, in the face of Respondent’s default, sustained the burden of proving, by a preponderance of reliable, substantial and probative evidence, that Respondent violated certain provisions of ARS §32-1154(A), specifically subsection 11, by failing to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee’s operations as a contractor. The weight of the evidence of record was sufficient to support a finding that the sum of $4978.72 is the proper balance due and owing to Complainant from Respondent. Notwithstanding repeated attempts and billings over a prolonged period of time, said balance remains unpaid and is over 120 days overdue. . . .

RECOMMENDED DECISION In view of the foregoing, it is recommended, commencing on the effective date of the ROC’s Order, that Respondent’s Class C-34 license be temporarily and actively suspended until the ROC receives proof adequate to the ROC that Respondent has paid to Complainant the $4978.72 due and owing to Complainant by Respondent.

Done this day: 26 September 2001

______________________________________ Maurice McWhirter Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826