ALJDEC decisions subject to certification as final

07F-H0186-ROC · Registrar of Contractors · 2007-08-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 6, 2007 APPEARANCES: Micah Jones, on behalf of Complainant; no one appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Michael K. Carroll _____________________________________________________________________

On October 31, 2006, a Complaint was filed with the Registrar of Contractors (ROC) alleging that Respondent failed to pay $4,159.66 owed to Complainant for materials supplied to Respondent. On March 22, 2007, a Citation was issued by the ROC alleging that Respondent violated A.R.S. §32-1154A (7) and (11). FINDINGS OF FACT AND CONCLUSIONS OF LAW Findings of fact: (1) Between August 9 and October 26, 2006, Complainant entered into contracts with Respondent to supply mirrors, shower doors and medicine cabinets for new homes being built by Respondent in Kingman, Arizona. (2) Complainant supplied the material to Respondent, but was never paid for that material. (3) As of the date of the hearing, Complainant testified that it was owed a total of $4,159.66 for the materials supplied to Respondent.

Conclusions of law: Alleged violation of A.R.S. §32-11545A (7): Violations of this statutory provision are classified as criminal offenses under A.R.S. §32-1164A (1). As such, they are outside the purview of this administrative proceeding. Alleged violation of A.R.S. §32-1154A (11): Respondent failed to pay $4,159.66 owed under its contract with Complainant. There was no evidence that Respondent lacked the capacity to pay. Respondent violated A.R.S. §32-1154A (11). RECOMMENDED ORDER It is recommended that, beginning the effective date of the Order in this case,[1] Respondent’s Class B license be suspended until Respondent has paid Complainant a total of $4,159.66. Done this day, August 6, 2007.

______________________________________ Michael K. Carroll Administrative Law Judge

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

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

By ___________________________

----------------------- [1] Pursuant to A.R.S. §41-1092.08D, failure by the Registrar of Contractors to accept, reject or modify this Decision within 30 days of receipt by the agency will result in this Decision being certified by the Office of Administrative Hearings as the final administrative decision. In the event of certification of this Decision by the Office of Administrative Hearings, the effective date of the Order in this matter will be 40 days from the date of that certification.

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