ALJDEC decisions subject to certification as final

2011A-1292-ROC · Registrar of Contractors · 2011-08-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 27, 2011 APPEARANCES: Stone Solutions, L.L.C. was represented by its authorized representative, Gordon R. Caruk. Russell Stone Masonry, Inc. was represented by its authorized representative, Phillip Vasquez. 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. Russell Stone Masonry, Inc. (“Respondent”) is the holder of License No. 179772, a Class C-31 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On April 7, 2010, Respondent completed a Credit Application for Stone Solutions, L.L.C. (“Complainant”). Complainant agreed to extend credit to Respondent. 3. Respondent agreed to the following credit terms: 50% of all invoices due at time of order placement. Remaining Balance to be paid in full prior to receipt of material. All Invoice balances over 30 Days will be subject to 20% Interest Rate.

4. On March 3, 2011, Complainant filed a written Complaint with the Registrar alleging non-payment by Respondent to Complainant in the amount of $6,462.79 for materials supplied to Respondent by Complainant. The Registrar designated Complainant’s Complaint as Case No. 2011-1292. 5. The Registrar issued a Citation and Complaint in Case No. 2011-1292 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 6. The Registrar forwarded Case No. 2011-1292 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 7. At the hearing, Complainant presented credible evidence that Respondent owes Complainant the sum of $6,462.79, plus accruing interest on the unpaid balance. 8. Respondent failed to present credible evidence to support its contention that Complainant did not supply Respondent with the proper amount of purchased tile. Respondent did not present credible evidence of Respondent having documented audits of any delivered products from Complainant being short. 9. A review of the Registrar’s official electronic licensing records reveals that Respondent’s contracting license has two open complaints and two resolved/settled/withdrawn complaints listed against Respondent’s license.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. Complainant established that Respondent owes Complainant the sum of $6,462.79, plus accruing interest at 20% on the outstanding balance owed to Complainant. RECOMMENDED ORDER Respondent’s License No. 179772 shall be suspended on the effective date of the Order entered in Case No. 2011-1292 until the Registrar receives written proof, and the Registrar approves such proof, that Respondent has paid Complainant the sum of $6,462.79, plus accrued interest on the outstanding balance owed to Complainant. If Respondent provides the Registrar with written proof that Respondent has paid Complainant the sum of $6,462.79, plus accrued interest on the outstanding balance owed to Complainant, on or before the effective date of the Order entered in Case No. 2011-1292, and the Registrar approves such proof of payment in full from Respondent to Complainant, then the above-provided license suspension shall not take place. In addition to the foregoing license suspension, if any, Respondent’s license No. 179772 shall be placed on probation for a period of 120 days commencing on the effective date of the Order entered in Case No. 2011-1292 or the date on which the Registrar approves written proof of Respondent’s 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, August 15, 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