ALJDEC decisions subject to certification as final

07F-2120-ROC · Registrar of Contractors · 2007-12-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 5, 2007 APPEARANCES: The Complainant was represented by its president Dennis Kempton. No one appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ This matter came on for hearing as scheduled. The Respondent failed to appear.[1] Based on the undisputed testimony of the Complainant, the following findings are submitted. Findings of Fact 1. On or about May 12, 2005, the Respondent made application for an open day billing account with the Complainant. 2. In approximately June, 2006, the Respondent as a general contractor and the Complainant as a subcontractor agreed to a contract in the amount of $1880.00 whereby the Complainant would provide glazing at B. D. Office Company, Inc. in Scottsdale, Arizona. 3. The Respondent has not paid the Complainant for the work. 4. The Complainant filed the Complaint with the Registrar of Contractors (ROC) on March 15, 2007.[2] Conclusions of Law The allegations in the Citation and Complaint concern A.R.S. §32- 1154(A)(7), a wrongful act with substantial injury; and (A)(7), failure to pay for material or services in excess of $750.00 when able or when paid by the Owner. The Compliant has the burden of proof under Culpepper v. State, 187 Ariz. 431 (1996 App.), A.A.C. R2-19-119 1. The evidence is not contested. The amount claimed as owing has not been paid. The Respondent did not appear to present any defense to the allegation and the violation of (A)(11) is proven by a preponderance of substantial and competent evidence. (A)(7) is redundant, and no independent violation is found. Recommended Order It is recommended commencing the effective date[3] of the Order issued in this matter that the Class KB-01 license no. 177099 of the Respondent shall be revoked. Done this day, December 5, 2007 ______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2007, to:

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] The Respondent’s license is revoked effective November 13, 2007. [2] Aside from the original $1,880.00, the Complainant also sought legal fees in the amount of $542.78 and interest of $526.40. These are not recoverable in this proceeding. [3] Forty (40) days from the date of the Order or date of certification if certified by the Director of the Office of Administrative Hearings.

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