ALJDEC decisions subject to certification as final

07F-L0255-ROC · Registrar of Contractors · 2007-10-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 17, 2007. APPEARANCES: Authentic Painting and Coating was represented by its owner, Michael A. Figley. Iron Gate Homes, L.L.C. did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. Iron Gate Homes, L.L.C. (“Respondent”) is the holder of License No. 206186, a Class B- contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Authentic Painting and Coating (“Complainant”) is the holder of License No. 189610 issued by the Registrar. 3. On or about October 15, 2006, Respondent hired Complainant to paint the interior of a residence located at 4320 Boulder Drive, Lake Havasu City, Arizona. 4. Complainant performed his scope of work on the subject project. 5. On or about October 20, 2006, Complainant sent Respondent an invoice in the amount of $8,055.00 for the work performed on the subject project. 6. On or about November 21, 2006, Complainant filed a written Complaint with the Registrar alleging that Respondent failed to pay Complainant for the work performed on the subject property. 7. In response to the filed Complaint, the Registrar issued a Citation and Complaint in Case No. L07-0255 alleging possible violations by Respondent of A.R.S. § 32-1154(A) (7) and (11). The Registrar then forwarded the case to the Office of Administrative Hearings for formal hearing. 8. The Registrar issued a Notice of Hearing in Case No. L07-0255 advising the parties of the time, date and location of the hearing. The Notice of Hearing was sent to the parties’ addresses of record with the Registrar. 9. The commencement of the formal hearing was delay 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay the Administrative Law Judge conducted the hearing in Respondent’s absence. 10. Respondent owes Complainant the sum of $8,055.00 for the latter’s work on the subject project. 11. Respondent’s failure to pay Complainant is a wrongful act that substantially injured Complainant, who has been denied the use of the earned funds. 12. A review of the Registrar’s records reveals that Respondent’s contracting license was suspended by operation of law on May 2, 2007 for lack of bond and on June1, 2007 for failure to renew the license. There are 11 open complaints, and 2 resolved/settled/withdrawn complaints against Respondent’s license.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (7) and (11), as cited in the Citation and Complaint issued by the Registrar.

RECOMMENDED ORDER

Respondent’s License No. 206186 shall be revoked on the effective date of the Order entered in Case No. L07-0255. If Respondent pays Complainant the sum of $8,055.00 on or before the effective date of the Order entered in Case No. L07-0255, then the above- provided license revocation shall not take place, but instead Respondent’s contracting license shall be placed on disciplinary probation for 120 days commencing on the effective date of the Order entered in Case No. L07-0255. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be 40 days from the date of that certification.

Done this day, October 26, 2007

______________________________________ Brian Brendan Tully 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 ___________________________ -----------------------

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