ALJDEC decisions subject to certification as final

07F-P0219W-ROC · Registrar of Contractors · 2007-09-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24, 2007, at 1:30 p.m. APPEARANCES: The Complainant appeared through it authorized representative, Dean Hudson. The Respondents appeared through their authorized representative James Cutler. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and, based upon the entire record; the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. Respondent, Concrete Systems Inc., is the holder of a Class KB-01 License issued by the Registrar of Contractors. 2. Respondent, Concrete Systems Inc., is the holder of a Class KB-02 License issued by the Registrar of Contractors. 3. This is a residential matter where the Complainant performed plumbing work on residence being constructed by James Cutler as an owner/ builder. 4. During the course of construction of the parties became embroiled in a monetary dispute and James Cutler obtained a civil judgment against Complainant. 5. Mr. Cutler then refused to pay the Complainant for its plumbing work until the Complainant satisfied the civil judgment. 6. There was no credible evidence presented to establish that the Respondent Corporations had anything to do with construction of the Cutler residence. 7. There was no credible evidence of record adequately demonstrated a dispute between the parties regarding what, if any, amount of money is due and owing to the Complainant from the Respondents. The Respondents’ position in this dispute is found under all of circumstances to have been asserted in good faith. Therefore, precludes a finding that a liquidated sum is owed to the Complainant.

CONCLUSIONS OF LAW 1. The Registrar of Contractors, acting through an administrative disciplinary hearing, is not empowered by law to adjudicate amounts alleged to be due and owing in the face of good faith dispute on such amounts. Until and unless any claimed obligation is reduced to judgment by civil court of competent jurisdiction, no violation by the Respondents of the provisions of A.R. S. 32-1154A (11) can be supported. 2. The Complainant failed to sustain the requisite burden of proving the existence of a valid liquidated debt properly due and owing by Respondents. Thus, has not sustained the burden of proving that the Respondents are committed the violations charged herein.

RECOMMENDed order In view of the foregoing, it is recommended this Citation, together with the Complaint, upon which it is based shall be dismissed. In the event of certification of this 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 the certification.

Done this day, September 24, 2007.

______________________________________ M. Douglas 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 ___________________________

-----------------------

Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488