ALJDEC decisions subject to certification as final

09F-1877-ROC · Registrar of Contractors · 2009-07-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 15, 2009. APPEARANCES: Quality Stairways, Inc. was represented by its vice president, Neil Jarvey. Odyssey Builders, L.L.C. 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. Quality Stairways, Inc. (“Complainant”) is the holder of License No. 156454 issued by the Registrar of Contractors (“Registrar”). 2. Odyssey Builders, L.L.C. (“Respondent”) is the holder of License No. 153353, a Class B- contracting license issued by the Registrar. 3. Complainant filed a written Complaint with the Registrar alleging nonpayment by Respondent in the total amount of $5,970.00 for work performed on its behalf by Complainant. The Registrar designated the Complaint as Case No. 09-1877. 4. The Registrar issued a Citation and Complaint in Case No. 09-1877 alleging violations by Respondent of A.R.S. § 32-1154(A) (7), (11) and (13), specifically A.R.S. § 32-1124(B). 5. The Registrar issued a Notice of Hearing in Case No. 09-1877 advising the parties of the time, date and location of the scheduled hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. The commencement of the schedule hearing was delayed 15 minutes to allow for the late arrival of an authorized representative for Respondent. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. Documents were admitted into evidence establishing that Respondent owes Complainant the total sum of $5,970.00 for work performed on its behalf by Complainant. 8. Respondent’s failure to pay the outstanding balance owed to Complainant is a wrongful act that substantially injured Complainant, who has not been paid for the work it had performed. 9. Documents admitted into evidence also reveal that Respondent failed to properly list its contracting license number on purchase orders submitted to Complainant. 10. A review of the Registrar’s official electronic records reveals that Respondent’s License No. 153353 was suspended by operation of law on January 16, 2009 for lack of qualifying party, and suspended by operation of law on February 21, 2009 for lack of bond. There are 20 open complaints, one disciplined complaint and one resolved/settled/withdrawn against Respondent’s license. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. Pursuant to A.R.S. § 32-1154(C), the suspensions of Respondent’s contracting license does not deprive the Registrar of jurisdiction to impose disciplinary action for proven statutory violations in this matter. 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. R2-119-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as cited in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. 4. Respondent violated the provisions of A.R.S. § 32-1154(A) (7), as cited in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. 5. Respondent violated the provisions of A.R.S. § 32-1154(A) (13), specifically A.R.S. § 32-1124(B), as cited in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. RECOMMENDED ORDER Respondent’s License No. 153353 shall be revoked on the effective date of the Order entered in Case No. 09-1877. If Respondent provides proof that it has paid Complainant the outstanding balance owed of $5,970.00 and become fully compliant with the requirements of A.R.S. § 32-1124(B) on or before the effective date of the Order entered in Case No. 09-1877, then the above-provided license revocation shall not take place and the Citation and Complaint in Case No. 09-1877 shall be closed. 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, July 2, 2009

______________________________________ Brian Brendan Tully Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

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

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