ALJDEC decisions subject to certification as final

2010A-308477472-ROC · Registrar of Contractors · 2011-05-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 25, 2011 APPEARANCES: A B C Supply Co., Inc. was represented by its attorney, Timothy D. Ducar, Esq. Emerald Valley Builders, Inc. 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. Emerald Valley Builder, Inc. (“Respondent”) is the holder of License No. 216928, a Class B contracting license issued by the Registrar of Contractors (“Registrar”). 2. Respondent is also the holder of License No. 251083, a Class B-2 contracting license issued by the Registrar. 3. A B C Supply Co., Inc. (“Complainant”) is a wholesale material supplier. 4. On October 19, 2010, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent in the amount of $6,933.05 for materials supplied by Complainant to Respondent on credit. 5. The Registrar designated the Complaint against Respondent’s License No. 216928 as Case No. 2010-[number redacted]. 6. The Registrar designated the Complaint against Respondent’s License No. 251083 as Case No. 2010-[number redacted]. 7. The Registrar issued Citations and Complaints in Case Nos. 2010- [number redacted] and 2010-[number redacted] charging Respondent’s License Nos. 216928 and 251083 with violating the provisions of A.R.S. § 32-1154(A) (11). 8. The Registrar forwarded Case Nos. 2010-[number redacted] and 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for a consolidated evidentiary hearing. 9. The Registrar issued Notices of Hearing in Case Nos. 2010-[number redacted] and 2010-[number redacted] advising the parties of the time, date, and location of the formal hearing. The Notices of Hearing were sent to the parties at their addresses of record with the Registrar. 10. The commencement of the consolidated hearing was delayed 15 minutes to allow for the late arrival of Respondent’s authorized representative. After the delay, the consolidated hearing was conducted in Respondent’s absence. 11. Complainant extended credit terms to Respondent. 12. Respondent’s account with Complainant is delinquent in the amount of $6,933.05. 13. A review of the Registrar’s official electronic licensing records reveals that Respondent’s License No. 216928 is current. There is one Open Complaint and one Resolved/Settled/Withdrawn Complaint listed against that license. 14. The Registrar’s records reflect that Respondent’s License No. 251083 was suspended by operation of law for non-renewal on December 1, 2010. There is one Open Complaint listed against that license. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent’s License Nos. 216928 and 251083 and the subject matter in these consolidated cases. Pursuant to A.R.S. § 32-1154(C), the suspension of Respondent’s License No. 251083 does not deprive the Registrar of the authority to undertake disciplinary action against that license. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in these matters. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. Respondent’s License Nos. 216928 and 251083 violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citations and Complaints issued by the Registrar. Respondent owes the sum of $6,933.05 for materials supplied by Complainant to Respondent on credit. RECOMMENDED ORDERS Case No. 2010-[number redacted] Respondent’s License No. 216928 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 Complainant the sum of $6,933.05. If Respondent provides written Proof to the Registrar that Respondent has paid Complainant the sum of $6,933.05 on or before the effective date of the Order entered in Case No. 2010-[number redacted], 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 License No. 216928 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 Respondent’s payment of $6,933.05 to Complainant, whichever is later. Case No. 2010-[number redacted] Respondent’s License No. 251083 shall be revoked on the effective date of the Order entered in Case No. 2010-[number redacted]. Certification 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(s) will be 40 days from the date of that certification.

Done this day, May 11, 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