ALJDEC decisions subject to certification as final

08F-H0225-ROC · Registrar of Contractors · 2009-01-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 14, 2009, at 11:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Sam Wamack. The Respondent failed to appear. 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 is the holder of a Class B- License issued by the Registrar of Contractors. The Respondent’s Class B- License was suspended on October 1, 2008, for non renewal. 2. There was no dispute that pursuant to the parties’ Construction Agreement the Complainant furnished labor and material on several residential construction projects wherein the Respondent was acting in the capacity of a general contractor. 3. There was no dispute that the Complainant completed all of the specified work, including all authorized extras and/or change orders. 4. There was no dispute that despite the fact that the Complainant has repeatedly billed the Respondent for its labor and material the Respondent has failed to pay the Complainant for its labor and material. 5. Undisputed credible testimony is sufficient to support a finding that the sum of $6,720.00 is the proper balance due and owing to the Complainant from the Respondent and that notwithstanding repeated attempts and billings over a prolonged period of time, said balance $6,720.00 remains unpaid. 6. The Respondent’s actions, in failing to pay the Complainant for its labor and materials and in repeatedly avoiding payment to the Complainant, are found to constitute a wrongful act. 7. The Respondent‘s failure to pay the aforementioned sum $6,720.00 to the Complainant is not found to be in good faith. Accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provisions of the State’s Contracting Laws. CONCLUSIONS OF LAW 1. The Respondent violated the provisions of A.R.S. §32-1154A (7) (Wrongful Act) and (11) (Failure to pay monies when due). RECOMMENDED ORDER In view of the foregoing, it is recommended, commencing on the effective date of the Registrar of Contractors’ Order, the Class B- license of the Respondent be revoked unless the Registrar of Contractors receives, and accepts, written proof that Respondent has paid sum of $6,720.00 to the Complainant. It is further recommended that if the Respondent pays the above described sum of money on or before the effective date of the Registrar’s Order then the aforementioned indefinite license revocation shall not take place. Instead, the Respondent’s Class B- License shall be placed on active suspension for a period of thirty (30) days. 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, January 14, 2009.

______________________________________ M. Douglas Administrative Law Judge

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

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

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

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com