ALJDEC decisions subject to certification as final

08F-2325-ROC · Registrar of Contractors · 2009-01-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 12, 2009. APPEARANCES: Systems Installation and Technical Engineering, Inc., doing business as SITE, was represented by its qualifying party, Mike Bunting. Sienna Communities, LLC 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. Sienna Communities, LLC (“Respondent”) is the holder of License No. 229487, a Class B- contracting license number, issued by the Registrar of Contractors (“Registrar”). 2. Systems Installation and Technical Engineering, Inc., doing business as SITE (“Complainant”) is the holder of License No. 145079, a Class K- contracting license, issued by the Registrar. 3. Complainant filed a written Complaint with the Registrar alleging possible statutory violations by Respondent due to the latter’s failure to pay Complainant for work performed on its behalf. 4. The Registrar designated Complainant’s Complaint as Case No. 08-2325. 5. The Registrar issued a Citation and Complaint in Case No. 08-2325 alleging possible violations by Respondent of A.R.S. § 32-1154(A) (7) and (11). 6. The Registrar forwarded Case No. 08-2325 to the Office of Administrative Hearings, an independent agency, for formal hearing. 7. The Registrar issued a Notice of Hearing in Case No. 08-2325 advising the parties of the time, date and location of the formal evidentiary hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 8. The commencement of the scheduled hearing was delayed 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. 9. Complainant’s qualifying party, Mike Bunting, credibly testified that Respondent owes Complainant the total sum of $6,891.00, which includes principal and accrued interest. 10. Respondent’s failure to tender the said payment to Complainant is a wrongful act that substantially injured Complainant. 11. A review of the Registrar’s official records reveals that Respondent’s License No. 229487 was suspended by operation of law on December 15, 2007 for lack of bond. Respondent’s license was also suspended on December 29, 2008 until Respondent complied with the Registrar’s Orders in Case Nos. G08-0547 and G08-0748.

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) (11), as cited in the Citation and Complaint in Case No. 08-2325 issued by the Registrar. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (7), as cited in the Citation and Complaint in Case No. 08-2325 issued by the Registrar. Complainant has been substantially harmed by Respondent’s failure to pay the outstanding debt owed to Complainant. 5. Pursuant to A.R.S. § 32-1154(C), the suspensions of Respondent’s contracting license does not deprive the Registrar of authority to impose additional disciplinary action against Respondent for the above- described statutory violations.

RECOMMENDED ORDER Respondent’s License No. 229487 shall be revoked on the effective date of the Order entered in Case No. 08-2325. If Respondent pays Complainant the sum of $6,891.00 on or before the effective date of the Order entered in Case No. 08-2325, then the above- provided license revocation shall not take place, but instead that Respondent’s Class B- license shall be placed on active suspension for six days followed by a period of disciplinary probation for 120 days. This alternative penalty shall commence, if at all, on the effective date of the Order entered in Case No. 08-2325. 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, January 16, 2009

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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

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