ALJDEC decisions subject to certification as final

2011A-3391-ROC · Registrar of Contractors · 2011-11-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 19, 2011 APPEARANCES: Jeremy Suhr appeared personally. Woodchuck, Inc., doing business as Al Roofing, appeared through its authorized representative, Anthony Vergopia. 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. Woodchuck, Inc., doing business as Al Roofing (“Respondent”), is the holder of License No. 231528, a Class KB-2 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On June 8, 2011, Jeremy Suhr (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent for work performed by Complainant on a roofing project located at 7217 North 46th Avenue, Glendale, Arizona. The Registrar designated the Complaint as Case No. 2011-3391. 3. The Registrar issued a Citation and Complaint in Case No. 2011-3391 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 4. The Registrar forwarded Case No. 2011-3391 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. Complainant performed work for Respondent after answering Respondent’s advertisement for labor on Craigslist. 6. The evidence of record established that Respondent failed to pay Complainant the sum of $1,975.00 for roofing work performed by Complainant for Respondent on the subject property. The owed sum is based upon an industry standard per square foot of roofing work performed. 7. There is evidence that Respondent has paid Complainant in the past for work performed by Complainant for Respondent. 8. There is also evidence that Respondent has failed to pay Complainant in the past for work performed by Complainant for Respondent. On June 24, 2011, Complainant obtained a Small Claims Court Judgment against Respondent in the total amount of $1,548.00 for nonpayment by Respondent for Complainant’s roofing work on a project located at 416 W. Mohawk, Phoenix, Arizona. 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 evidence of record established that Respondent owes Complainant the sum of $1,975.00 for roofing work performed by Complainant for Respondent on the subject project. RECOMMENDED ORDER Respondent’s License No. 231528 shall be suspended on the effective date of the Order entered in Case No. 2011-3391 until the Respondent provides the Registrar with written proof that Respondent has paid Complainant the sum of $1,975.00, and the Registrar approves such proof of payment. If Respondent provides the Registrar with written proof that Respondent has paid Complainant the sum of $1,975.00 on or before the effective date of the Order entered in Case No. 2011-3391, and the Registrar approves such proof of payment, then the above-provided license suspension shall not take place. In addition to the above-provided license suspension, if any, Respondent’s License No. 231528 shall be placed on probation for a period of 30 days commencing on the effective date of the Order entered in Case No. 2011-3391 or the date on which the Registrar approves proof of Respondent’s compliance with the terms of the 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, November 7, 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