ALJDEC decisions subject to certification as final

2012A-2973-ROC-rhg · Registrar of Contractors · 2013-05-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 21, 2013, at 8:00 a.m. APPEARANCES: Arizona Hi Lift LLC (hereinafter “Complainant”) appeared through its authorized representative and member, Charles Cochran. Skyline Signs Inc., (hereinafter “Skyline”) failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order on Rehearing are made: FINDINGS OF FACT Skyline is the holder of License No. L-38.202090-C issued by the Registrar of Contractors. On or about October 27, 2011, Skyline filed a credit application with Complainant. Pursuant to the terms of the approved credit application, Complainant rented construction equipment to Skyline. Complainant provided written invoices for each transaction. Skyline failed to pay Complainant for the equipment rentals and Complainant filed a formal Complainant against Skyline with the Registrar of Contractors. Complainant’s member and authorized representative, Charles Cochran (hereinafter “Mr. Cochran”), testified that Skyline failed to pay Complainant for invoice numbers 04562, 04614, 04661, 04823, and 05474. Mr. Cochran stated that the total amount due to Complainant for the unpaid invoices from Skyline, without penalties, interest, or attorney’s fees, was the total sum of $4,114.47. Mr. Cochran acknowledged that Skyline paid the sum of $3,000.00 to Complainant on or about April 16, 2013, after the formal Complaint was filed against Skyline. Mr. Cochran stated that the remaining sum of $1,114.47 was still due and owing to Complainant from Skyline. Mr. Cochran testified that the sum of $1,114.47 did not include penalties, interest, or attorney’s fees. Mr. Cochran’s testimony is found to be credible. Administrative notice is taken of Skyline’s prior license record as reflected on the Registrar of Contractors’ public website on May 21, 2013. Such prior license record reflects that License No. L-38.202090-C of Skyline is current. License No. L-38.202090-C of Skyline was suspended for non-renewal from December 1, 2010, through December 13, 2010. CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). Skyline failed to pay Complainant the principal sum of $1,114.47 for equipment rented to Skyline by Complainant for Skyline’s operations as a licensed contractor. This Tribunal concludes that Skyline violated the charged provision of A.R.S. § 32-1154(A)(11).[1] RECOMMENDed order In view of the foregoing, it is recommended on rehearing that commencing on the effective date of the final Order, License No. L- 38.202090-C of Skyline shall be suspended until the Registrar of Contractors receives and accepts written proof that Skyline has paid the principal sum of $1,114.47 in certified funds to Complainant. It is further recommended that if on or before the effective date of the final Order, Skyline provides acceptable written proof and the Registrar accepts such proof that Skyline has paid the principal sum of $1,114.47 in certified funds to Complainant, then the above provided License suspension shall not take place and this matter shall be closed. In the event of certification of this 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 the certification

Done this day, May 21, 2013.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

----------------------- [1] A.R.S. § 32-1154(A)(11) includes among the grounds for disciplinary action against a contractor’s license, failure by a licensee or agent or official of a licensee to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee's operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.

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