ALJDEC decisions subject to certification as final

2010A-29505317-ROC-rhg · Registrar of Contractors · 2011-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REHEARING: May 25, 2011 APPEARANCES: Jet Pipe Industries Co. was represented by its authorized representative, Brent Thornquist. Pro Fire Protection, L.L.C. was represented by its authorized representative, David Hicks. 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. Pro Fire Protection, L.L.C. (“Respondent”) is the holder of License No. 195591, a Class L-16 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Jet Pipe Industries Co. (“Complainant”) supplied fire sprinkler components and materials to Respondent on credit. 3. On March 8, 2010, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent for supplies furnished by Complainant to Respondent. The Registrar designated the Complaint as Case No. 2010-29505317. 4. The Registrar issued a Citation and Complaint in Case No. 2010- 29505317 charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (11). 5. The Registrar forwarded Case No. 2010-29505317 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. On September 8, 2010, Respondent entered into a repayment agreement with Complainant’s collection agency. However, Respondent breached the agreement by failing to make a payment on that date. 7. On September 9, 2010, a hearing was conducted. Complainant elected to proceed with the hearing due to Respondent’s breach of the repayment agreement. Respondent did not appear at the hearing. The Registrar issued an Order suspending Respondent’s contracting license until it provided the Registrar with proof that Respondent paid the outstanding balance owed to Complainant.[1] 8. Respondent later filed a petition for rehearing. The Registrar granted Respondent’s request for a rehearing. 9. It is uncontroverted that Respondent owes Complainant an outstanding balance of $10,372.00. 10. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 195591 is current. There are two open complaints and four resolved/settled/withdrawn complaints listed against the license. 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 by a 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. Respondent owes Complainant the sum of $10,372.00.

RECOMMENDED ORDER Respondent’s License No. 195591 shall be suspended on the effective date of the Order entered in Case No. 2010-29505317 until Respondent provides written proof to the Registrar, and the Registrar approves such proof, that Respondent has paid the sum of $10,372.00 to Complainant. If Respondent provides written proof to the Registrar that Respondent has paid the sum of $10,372.00 to Complainant on or before the effective date of the Order entered in Case No. 2010-29505317, and the Registrar approves 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 180 days commencing on the effective date of the Order entered in Case No. 2010- 29505317 or the date on which the Registrar approves Respondent’s proof of payment in full to Complainant, whichever is later. 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, June 13, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] At the time of the Registrar’s Order, the outstanding balance owed by Respondent was $11,198.43.

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