ALJDEC decisions subject to certification as final

03F-H0182-ROC · Registrar of Contractors · 2004-02-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 26, 2004 APPEARANCES: Barbara Blair, Corporate Officer of R and S Hauling and Demo, Inc. (“Complainant”), appeared on behalf of Complainant. Apache Roofing Corporation (“Respondent”) failed to appear. ADMINISTRATIVE LAW JUDGE: Michael L. Barth _____________________________________________________________________ findings of fact 1. The purpose of the hearing was to determine whether Respondent violated A.R.S. § 32-1154(A)(7) and/or (11). 2. Despite having been provided notice of the hearing as required by applicable law, Respondent failed to appear. 3. Based on the credible and uncontroverted testimony of Mrs. Blair, as well as the invoices presented by Complainant, this tribunal makes the following findings: a. Complainant and Respondent entered into a contract in which Respondent agreed to pay the amounts as set forth in the invoices, Exhibits 1-9, totaling $3200.41, to Complainant for rendering hauling services and materials in connection with Respondent’s construction operation. b. Of the monies due for the hauling services and materials rendered by Complainant in connection with Respondent’s construction, Respondent paid $1500.00 but failed to pay remaining monies when due in the sum of $1700.41. 4. Taking administrative notice of the official records of the Registrar of Contractors, this tribunal finds that Respondent’s license is currently under probation. conclusions of law 1. Having failed to pay monies in excess of $750.00 when due for materials and services rendered by Complainant in connection with Respondent’s construction operation, Respondent violated A.R.S. § 32- 1154(A)(11). 2. Having failed to pay monies in excess of $750.00 when due for materials and services rendered by Complainant in connection with Respondent’s construction operation in violation of A.R.S. § 32- 1154(A)(11), Respondent committed a wrongful act causing Complainant substantial injury in violation of A.R.S. § 32-1154(A)(7). Recommended order Commencing on the effective date of the Order entered in this matter, Respondent’s Class K-42 license shall be suspended until the Registrar of Contractors receives proof that Respondent has complied with either of the following conditions: 1. Respondent has paid the sum of $1700.41 to Complainant; or 2. Respondent has entered into other mutually acceptable arrangements with Complainant to resolve payment of the debt of $1700.41 owed to Complainant. If the Registrar of Contractors receives proof that Respondent has complied with either of the foregoing conditions on or before the deadline identified above, then the above-ordered suspension of Respondent’s Class K- license shall not be imposed and Case No. H03-0182 shall be closed.

Done this day, February 10, 2004

______________________________________ Michael L. Barth Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2004, to:

Registrar of Contractors Israel G. Torres ATTN: Jennifer Brown 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