ALJDEC decisions subject to certification as final

10F-0825-ROC · Registrar of Contractors · 2010-04-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 26, 2010 APPEARANCES: Sierra Tile was represented by its authorized representative, John M. Perales. Tile Wolf Enterprises, L.L.C. was represented by its authorized representative, Steve Strathos. 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. Tile Wolfe Enterprises, L.L.C. (“Respondent”) is the holder of License No. 175605, a Class C-48 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On August 25, 2009, Sierra Tile (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent in the amount of $1,187.54 for tiles purchased by Respondent from Complainant on credit. The Registrar designated the Complaint as Case No. 10-0825. 3. The Registrar issued a Citation and Complaint in Case No. 10-0825 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 4. The Registrar forwarded Case No. 10-0825 to the Office of Administrative Hearings, an independent agency, for formal hearing. 5. There is no dispute that Respondent owes Complainant the outstanding balance of $1,187.54. 6. Respondent’s qualifying party, Steve Strothos, testified that Respondent owed the outstanding balance as a retailer, not as a licensed contractor. However, Respondent failed to present credible evidence of that distinction as Complainant’s debtor. 7. A review of the Registrar’s official electronic records reveals that Respondent’s contracting license is current. Those records also reveal that Respondent maintains a bond in the amount of $1,000.00. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 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. R2-19-119(A). 3. Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. The above Findings of Fact support this conclusion. RECOMMENDED ORDER Respondent’s License No. 175605 shall be suspended on the effective date of the Order entered in Case No. 10-0825 until the Registrar receives written proof, and the Registrar accepts such proof, that Respondent has paid Complainant the sum of $1,187.54. If Respondent provides the Registrar with written proof that Respondent has paid Complainant the sum of $1,187.54 on or before the effective date of the Order entered in Case No. 10-0825, and the Registrar accepts such proof of payment, then the above-provided license suspension shall not take place. In addition to the foregoing license suspension, if any, Respondent’s contracting license shall be placed on probation for a period of 60 days commencing on the effective date of the Order entered in Case No. 10-0825 or the date on which the Registrar approves proof of Respondent’s payment to Complainant in the amount of $1,187.54, whichever is later. In addition to the above-provided disciplinary penalties, if any, any restoration of Respondent’s rights to resume contracting, whether or not probationary, shall be subject to a condition that Respondent first post an additional surety bond, cash deposit or alternative deposit for a period of months, including future renewal periods, in the amount of $1,000.00, such bond or deposit to be in addition to the required surety bond, cash deposit or recovery fund participation set forth in A.R.S. § 32-1152. Cash or alternative additional deposits, if utilized, shall be returned only after the expiration of an additional two-year period following the above- provided 24-month period and only if no claims are then pending. 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 40days from the date of that certification.

Done this day, April 14, 2010.

/s/ Brian Brendan Tully 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