ALJDEC decisions subject to certification as final

07F-T0826W-ROC · Registrar of Contractors · 2007-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 5th, 2007; 1:30 p.m. APPEARANCES: Complainant, Advanced Sheet Metal, Inc., was represented by Mr. Keith Ryan, President. Respondent, National Roofing Systems, LLC, failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The administrative hearing of this matter was held in the Office of Administrative Hearings, Tucson. Testimony was heard and other evidence admitted to the record, and, and based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made.

FINDINGS OF FACT 1. Respondent, National Roofing Systems, Inc., was during all time material hereto, the holder of two contracting licenses issued by the Arizona Registrar of Contractors: Class C-42 License number 179245, and Class L-42 License number 182741. 2. Complainant is a sheet metal supplier doing business in Tucson, Arizona. Complainant and Respondent entered into contracts in 2006 for the purchase and sell of sheet metal from Complainant. Respondent used the sheet metal in connection with his activities as a licensed contractor for their installation at construction projects in Yuma, and Oro Valley, Arizona. 3. Respondent has failed to pay Complainant the sum of $11,785.90 for the sheet metal it purchased. Complainant has made repeated demands for payment. Initially, Respondent promised payment would be made in installments, but never did so. Eventually, Complainant was unable to have Respondent even return phone calls. 4. Respondent failed to appear at this administrative hearing, and therefore failed to present any evidence of inability to pay, or any evidence that Respondent has not been paid for the projects in which it used the sheet metal. 5. Notice is taken of Respondent’s prior license record with the Arizona Registrar of Contractors. Respondent’s Class C-42 License number 179245 is currently suspended for non-renewal. Respondent’s Class L-42 License number 182741 is revoked as a result of the Registrar’s Orders in Case Nos. S07-0067 and -0068. The same individuals appear on the two licenses as Qualifying Party and Principals.

CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. 32-1156, and A.R.S. 41-1092. 2. Respondent is charged in the instant Citation and Complaint with possible violations of A.R.S. 32-1154.A.7, and 11. 3. The preponderance of evidence proved that Respondent did violate A.R.S. 32-1154.A.11 by failing to pay Complainant $11,785.90, when due, for materials purchased in connection with its activities as a licensed contractor. There is no evidence of any justification for the failure to pay. 4. There is no evidence of any wrongful or fraudulent act on the part of Respondent in this case in violation of A.R.S. 32-1154.A.7, independent of the violation of A.R.S. 32-1154.A.11.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Respondent’s Class C-42 License number 179245, and Class L-42 License number 182741 be revoked on the effective date of this Order. In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, September 7th, 2007.

______________________________________ Grant Winston 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 ___________________________

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Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488