ALJDEC decisions subject to certification as final

2010A-308475962-ROC · Registrar of Contractors · 2011-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 13, 2011 APPEARANCES: Arizona Labor Force was represented by its authorized representative, Amy Folk. C S N Construction, L.L.C. did not appear. 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. Arizona Labor Force (“Complainant”) is an employment business that supplies workers to contractors. Complainant is not a construction contractor. Complainant’s customers are responsible for supervising the workers supplied by Complainant. 2. C S N Construction, L.L.C. (“Respondent”) is the holder of License No. 240985, a Class B-1 contracting license issued by the Registrar of Contractors (“Registrar”). 3. Respondent hired Complainant to supply welders for various jobs located in Prescott, Casa Grande, and Gilbert, Arizona. 4. On September 21, 2010, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent in the amount of $5,814.83, as of the date of filing the Complaint, for workers supplied by Complainant to Respondent. The Registrar designated the Complaint as Case No. 2010-[number redacted]. 5. 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). 6. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 7. The Registrar issued a Notice of Hearing in Case No. 2010-[number redacted] advising the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 8. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 9. The parties’ contract provides for interest to be accrued on unpaid balances in excess of 30 days. 10. Complainant paid the workers’ salaries and related expenses that were supplied to Respondent. 11. Complainant presented credible evidence that established an outstanding balance owed by Respondent for principal and accruing interest in the amount of $6,062.27. 12. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 240985 is current. 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 credible evidence of record established that Respondent owes Complainant the sum of $6,062.27 in principal and interest. RECOMMENDED ORDER Respondent’s License No. 240985 shall be suspended on the effective date of the Order entered in Case No. 2010-[number redacted] until Respondent provides the Registrar with proof, and the Registrar accepts such proof, that Respondent paid Complainant the sum of $6,062.27. If Respondent provides proof to the Registrar that Respondent has paid Complainant the sum of $6,062.27, on or before the effective date of the Order entered in Case No. 2010-[number redacted], 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 License No. 240985 shall be placed on probation for a period of 90 days commencing on the effective date of the Order entered in Case No. 2010- [number redacted] or the date on which the Registrar approves proof of payment in full by Respondent 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, April 20, 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