ALJDEC decisions subject to certification as final

2012A-31-ROC · Registrar of Contractors · 2012-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 10, 2012, at 8:00 a.m. APPEARANCES: Complainant appeared through its authorized representative, Eric W. Lipp. Respondent 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 are made: FINDINGS OF FACT 1. Respondent is the holder of License No. K-39.255268-D issued by the Registrar of Contractors. 2. Mr. Lipp testified that Complainant had received numerous complaints and telephone calls from the general public attempting to contact Respondent. 3. Several members of the public have placed unfavorable comments regarding Complainant’s workmanship on various public websites for construction work that has actually been performed by Respondent. 4. Several members of the public have placed unfavorable comments regarding Complainant’s alleged business practices when the alleged business practices were performed by Respondent. 5. Respondent has advertised itself as Patriot Air rather than Patriot Air Conditioning and Plumbing LLC which is the name set forth on Respondent’s License. 6. Complainant has received unpaid invoices from material suppliers for construction material that was actually delivered to Respondent. 7. Undisputed credible testimony and evidence established that Respondent’s misleading advertising causes members of the public to be misled and injured. 8. Administrative notice is taken of Respondent’s prior License record as reflected on the Registrar of Contractors’ public website on May 17, 2012. Such prior License record reflects that License No. K-39.255268-D of Patriot Air Conditioning and Plumbing LLC was current and in good standing. . CONCLUSIONS OF LAW 1. 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 this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. Proof by “preponderance of the evidence” means that it is sufficient to persuade the finder of fact that the proposition is “more likely true than not.” In re Arnold and Baker Farms, 177 B.R. 648, 654 (9th Cir. BAP (Ariz.) 1994). 3. Undisputed credible testimony and evidence supported findings which established violations by Respondent of the charged provision of A.R.S. § 32-1154(A)(16) (false, misleading or deceptive advertising). RECOMMENDed order In view of the foregoing, it is recommended, commencing on the effective date of the Registrar’s Order, that License No. K-39.255268-D of Patriot Air Conditioning and Plumbing LLC be suspended until the Registrar of Contractors receives, and accepts, written proof that Respondent has corrected all advertising and paperwork to reflect Respondent’s full name and license number as set forth on Respondent’s License. It is further recommended that if Respondent fully accomplishes the above described action, on or before the effective date of this Order, 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 17, 2012.

/s/ M. Douglas 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