ALJDEC decisions subject to certification as final

08F-T0719-ROC · Registrar of Contractors · 2009-01-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 15, 2009, at 9:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Aaron Jones. 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. 2. There was no dispute that pursuant to Contract, the Complainant performed specified concrete 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 agreed upon construction work in a workmanlike and professional manner. 4. Undisputed credible testimony and evidence, presented at hearing, established the sum of $135,531.78 is the proper balance due and owing to the Complainant from the Respondent. 5. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance remains unpaid. 6. Undisputed credible testimony and evidence, presented at hearing, established the Respondent issued two insufficient funds checks to the Complainant and the two insufficient funds checks totaled $108,738.30. 7. There was no dispute that the Respondent failed to make good on either of the insufficient funds checks. 8. The Respondent’s actions, in failing to pay the Complainant the sum of $135,531.78 for the Complainant’s completed construction work and in issuing two insufficient funds checks totaling $108,738.30, are found to constitute a wrongful act. 9. The Respondent ‘s failure to pay the aforementioned sum of $135,531.78 to the Complainant is not found to be in good faith and accordingly, under all of the facts and circumstances presented herein the Respondent’s conduct is found to constitute a violation of the applicable charged provision of the State’s Contracting Laws.

CONCLUSIONS OF LAW 1. Respondent violated the provisions of A.R.S. §32-1154A (Wrongful Act) and (11) (Failure to pay monies when due).

RECOMMENDED ORDER In view of the foregoing, it is recommended that the Respondent’s Class B- License be revoked. 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 20, 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