ALJDEC decisions subject to certification as final

09F-6326-ROC · Registrar of Contractors · 2010-02-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 10, 2010 at 10:00 a.m. APPEARANCES: The Complainant appeared through its authorized representative, Melissa Nelson. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. The Respondent’s Class K-39 License was suspended on January 29, 2010 for lack of bond. 2. There was no dispute that pursuant to a purchase agreement the Complainant supplied HVAC equipment to the Respondent. 3. There was no dispute that the Respondent then installed the Complainant’s HVAC equipment in a construction project. 4. Undisputed credible testimony established that although the Respondent has received payment from the general contractor for the construction project for the Complainant’s HVAC equipment the Respondent has failed to pay the Complainant for the furnished HVAC equipment. 5. Undisputed credible evidence is sufficient to support a finding that the sum of $5,000.00 is the proper balance due and owing to the Complainant from the Respondent. 6. There was no dispute that notwithstanding repeated attempts and billings over a prolonged period of time, said balance of $5,000.00 remains unpaid. 7. The Respondent‘s failure to pay the aforementioned sum of $5,000.00 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. The Respondent violated the charged provisions of A.R.S. §32-1154A (11) (Failure to pay monies when due).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that on the effective date of this Order that the Class K-39 License of the Respondent be revoked unless the Registrar of Contractors receives and accepts written proof that the Respondent has paid the sum of $5,000.00 to the Complainant. It is further recommended that if Respondent pays the above described sum of money on or before the effective date of the Registrar’s Order then the aforementioned license revocation shall not take place and that this matter shall be closed. 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 10, 2010.

/s/M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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