ALJDEC decisions subject to certification as final

09F-T0718-ROC · Registrar of Contractors · 2009-09-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 15, 2009; 1:00 p.m. APPEARANCES: Complainant South Pacific Construction, LLC was represented by Ms. Nora Tuiho, owner. Respondent Heery International, Inc. was represented by Ms. Sivan Korn, Attorney-at-Law. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ Based on the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. Complainant brought this Complaint to the Arizona Registrar of Contractors alleging non-payment by the Respondent on work performed by Complainant pursuant to a contract entered into with Respondent in Respondent’s work as a licensed Arizona contractor. Complainant alleges that Respondent owes it $25,000.00 on one invoice and $35,000.00 for work Complainant performed on the project in question in September, 2008. 2. Complainant’s owner Ms. Nora Tuiho testified credibly about the money she contends is owed her company. 3. Respondent offered the testimony of its project superintendent and project manager/bookkeeper and they too testified credibly that Respondent does not owe Complainant any money. Respondent offered several documents into the record, and Complainant offered one change order. All documents offered were admitted. 4. It appears from the record as a whole that these parties have a good faith monetary and/or contract dispute which would be more properly resolved, if at all, in a civil court of competent jurisdiction. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. § 32-1156 and A.R.S. § 41-1092. 2. Respondent is charged in the Citation and Complaint with possible violations of A.R.S. § 32-1154.A.7 and 11. 3. A good faith monetary and/or contract dispute, absent evidence of other wrongdoing, does not warrant disciplinary action upon a licensee. See: Bentivegna v. Powers Steel and Wire Products, Inc., 206 Ariz. 581, 81 P.3d 1040 (Ariz. App. Div. 1, 2003). RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint T09-0718 be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, September 18, 2009.

______________________________________ Grant Winston 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 100 N. Stone Ave., Suite 704 Tucson, AZ 85701 520-628-5488 Fax: 520-628-5575 www.azoah.com