ALJDEC decisions subject to certification as final

2011A-1830-ROC · Registrar of Contractors · 2011-09-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 25, 2011 APPEARANCES: Abelardo L. Corral appeared personally. Moises Segovia Franco, doing business as Segovia’s Flooring, did not appear. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Moises Segovia Franco, doing business as Segovia’s Flooring (“Respondent”), is the holder of License No. 241767, a Class K-8 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On March 28, 2011, Abelardo L. Corral (“Complainant”) filed a written Complaint with the Registrar for nonpayment by Respondent for numerous jobs for which Complainant completed flooring installations for Respondent. The Registrar designated the Complaint as Case No. 2011- 1830. 3. The Registrar issued a Citation and Complaint in Case No. 2011-1830 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 4. The Registrar forwarded Case No. 2011-1830 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2011-1830 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. 6. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Respondent or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 7. At the hearing, Complainant presented credible evidence that Respondent owes Complainant the total sum of $2,032.00 for Complainant’s flooring installations on various jobsites for Respondent. 8. A review of the Registrar’s official electronic licensing records revealed that Respondent’s License No. 241767 is active. 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. Respondent owes Complainant the total sum of $2,032.00 for work performed by Complainant for Respondent. RECOMMENDED ORDER Respondent’s License No. 241767 shall be suspended on the effective date of the Order entered in Case No. 2010-1830 until the Registrar receives written proof, and the Registrar approves such proof, that Respondent has paid Complainant the sum of $2,032.00. If the Registrar receives written proof, and the Registrar approves such proof, that Respondent has paid Complainant the sum of $2,032.00 on or before the effective date of the Order entered in Case No. 2010-1830, then the above-provided license suspension shall not take place. In addition to the above-provided license suspension, if any, Respondent’s License No. 241767 shall be placed on probation for a period of 120 days commencing on the effective date of the Order entered in Case No. 2010-1830 or the date on which the Registrar approves written proof of Respondent’s payment to Complainant in the amount of $2,032.00, 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, September 13, 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