ALJDEC decisions subject to certification as final

2010A-308472949-ROC · Registrar of Contractors · 2011-06-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 9, 2011 APPEARANCES: Habermann Electric Designs, Inc. was represented by its authorized representative, Mark Habermann. Wire One Electrical Services, L.L.C. was represented by its authorized representative, Kevin Talley. 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. Wire One Electrical Services, L.L.C. (“Respondent”) is the holder of License No. 227930, a Class L-11 contracting license issued by the Registrar of Contractors (“Registrar”). 2. In December 2009, Habermann Electrical Designs, Inc. (“Complainant”) contracted with Respondent for Complainant to provide electrical engineering services for a standby generator replacement on a project located at 16640 N. 38th Street, Phoenix, Arizona. Respondent agreed to pay Complainant the sum of $1,850.00 for Complainant’s services. 3. Complainant completed its scope of work on February 9, 2010. 4. On May 10, 2010, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent for Complainant’s services. The Complaint alleges that Respondent was paid by the owner for Complainant’s scope of work. 5. The Registrar designated Complainant’s Complaint as Case No. 2010- [number redacted]. 6. The Registrar issued a Citation and Complaint in Case No. 2010- [number redacted] charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (11). 7. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 8. Respondent was paid for its work on the subject project, including payment for Complainant’s scope of work. 9. Respondent has failed to pay any money owed to Complainant, even after the parties entered into a payment agreement. 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. The basis for this conclusion is Respondent’s failure to pay the sum of $1,850.00 to Complainant despite Respondent being paid by the project owner. RECOMMENDED ORDER Respondent’s License No. 227930 shall be suspended on the effective date of the Order entered in Case No. 2010-[number redacted] until Respondent provides written proof to the Registrar, and the Registrar approves such proof, that Respondent has paid the sum of $1,850.00 to Complainant. If Respondent provides the Registrar with written proof that Respondent has paid Complainant the sum of $1,850.00 on or before the effective date of the Order entered in Case No. 2010-[number redacted], and the Registrar approves such proof of payment in full, then the above-provided license suspension shall not take place. In addition to the foregoing license suspension, if any, Respondent’s License No. 227930 shall be placed on probation for a period of 120 days commencing on the effective date of the Order entered in Case No. 2010- [number redacted] or the date on which the Registrar approves written proof of Respondent’s payment of $1,850.00 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 28, 2011.

/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