ALJDEC decisions subject to certification as final

2011A-1574-ROC · Registrar of Contractors · 2011-08-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 19, 2011 APPEARANCES: Interior Concepts, Inc. was represented by its authorized representative, Jason Doughty. Jabez Contracting, 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. Interior Concepts, Inc. (“Complainant”) is the holder of License No. 081094 issued by the Registrar of Contractors (“Registrar”). 2. Jabez Contracting, L.L.C. (“Respondent”) is the holder of License No. 167574, a Class KB-1 contracting license issued by the Registrar. 3. On March 15, 2011, Complainant filed a Complaint with the Registrar alleging nonpayment by Respondent in the amount of $10,323.88 on a line of credit extended by Complainant to Respondent. The Registrar designated the Complaint as Case No. 2011-1574. 4. The Registrar issued a Citation and Complaint in Case No. 2011-1574 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 5. The Registrar forwarded Case No. 2011-1574 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. The Registrar issued a Notice of Hearing in Case No. 2011-1574 that advised 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. 7. The commencement of the 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. 8. In its “Application For Credit,” Respondent agreed to Complainant’s terms for extending credit to Respondent, including an interest rate of 18% per annum on any balance more than 30 days owed. 9. At the hearing, Complainant presented evidence establishing that Respondent’s current balance owed to Complainant through July 2011 is $11,331.59. 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. The evidence of record established that Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citation and Complaint issued by the Registrar. As of the end of July 2011, Respondent’s current balance owed to Complainant was $11,331.59, plus accruing interest at the rate of 18% per annum on the unpaid balance. RECOMMENDED ORDER Respondent’s License No. 167574 shall be suspended on the effective date of the Order entered in Case No. 2011-1574 until the Registrar receives written proof, and the Registrar approves such proof, that Respondent has paid Complainant the sum of $11,331.59, plus accrued interest at the rate of 18% per annum on the unpaid balance owed to Complainant. If the Registrar receives written proof that Respondent has paid Complainant the sum of $11,331.59, plus accrued interest at the rate of 18% per annum on the unpaid balance owed to Complainant, on or before the effective date of the Order entered in Case No. 2011-1574, and the Registrar approves the proof of such payment in full, 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 120 days commencing on the effective date of the Order entered in Case No. 2011-1574 or the date on which the Registrar approves proof of Respondent’s proper compliance with the terms of this Order, 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 30, 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