ALJDEC decisions subject to certification as final

07F-T1321-ROC · Registrar of Contractors · 2008-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 20, 2008, at 1:30 p.m. APPEARANCES: The Complainant appeared through its owner and qualifying party, Miguel Gonzalez. The Respondent appeared through its owner and qualifying party, Prentice Dell Veneri. 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 Recommendation are made:

FINDINGS OF FACT 1. The Respondent is the holder of a Class B-02 License issued by the Registrar of Contractors. 2. The Complainant filed a formal Complaint, against the Respondent, with the Registrar of Contractors alleging the Respondent owed the Complainant $6,500.00 for rough-in plumbing work performed by the Complainant. 3. The Respondent filed an answer stating the Complainant worked directly for the owner of the property rather than the Respondent and the Complainant had voluntarily abandoned the construction site. 4. Credible testimony and evidence, produced at hearing, established the Respondent voluntarily left the construction project leaving the rough-in plumbing work unfinished. 5. The 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 Respondent. The Respondent’s position in this dispute is found under all of the circumstances to have been asserted in good faith; therefore, precludes a finding that a liquidated sum is owed to 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 a good faith dispute on such amounts. Until and unless any claimed obligation is reduced to judgment by a civil court of competent jurisdiction, no violation by the Respondent 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 the Respondent and thus, has not sustained the burden of proving that the Respondent has committed the violations charged herein. 3. The credible evidence of record was inadequate to support any finding of a violation of A.R.S. § 32-1154A (2) and (7).

RECOMMENDED ORDER In view of the foregoing, it is recommended that 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, February 22, 2008.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2008, to:

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ___________________________ -----------------------

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