ALJDEC decisions subject to certification as final

2015A-1953-ROC · Registrar of Contractors · 2016-02-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 3, 2016 APPEARANCES: Billy Ray Stephens, Complainant; Evelyn Stephens, observer ADMINISTRATIVE LAW JUDGE: Dorinda M. Lang _____________________________________________________________________

FINDINGS OF FACT 1. Complainant filed a complaint against Respondent with the Registrar of Contractors stating that Respondent has refused to pay him for work he performed on Respondent’s behalf. 2. The matter was set for hearing at the Arizona Office of Administrative Hearings, an independent agency authorized to conduct hearings in contested matters arising out of State regulation. 3. Although additional time was allowed prior to the start of the hearing, no one appeared on Respondent’s behalf. 4. The complaint states that Respondent received calls from customers with “drain line or sewer stoppages”. Respondent would send a technician to clear the line and ask the customer’s permission to have Complainant come inspect the line through technology that allowed a camera to be introduced into the line. “It was then [Complainant’s] duty to sell the customer a drain or sewer line replacement through the said technology.”[1] After a technician was assigned to the job, Complainant was to move on to the next assignment. Complainant was to receive a 7% commission on each sale. However, according to the complaint, Respondent’s technicians had 0- months experience and he had to stay on the job to ensure that it was done properly. 5. At the hearing, Complainant testified that he was promised his commission plus $10 per hour in wages when he had to stay on the job. Respondent paid him some money after he filed the complaint, but as of the time of the hearing, Complainant testified that Respondent still owed him $1170.85. 6. As of the time of the hearing, Respondent’s License Number 275291 was current. CONCLUSIONS OF LAW 1. This matter is within the jurisdiction of the Registrar of Contractors pursuant to A.R.S. §§ 32-1104(A)(4), 32-1154(B) and 32- 1156. 2. The Citation issued by the Registrar of Contractors in this matter alleged a potential violation of A.R.S. § 32-1154(A)(10). 3. A.R.S. § 32-1154(A)(10) provides for suspension or revocation of a contractor’s license as follows: The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions:

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.

4. In this case, there being no evidence to the contrary, Complainant has established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant for work he performed on Respondent’s behalf. RECOMMENDED DECISION Based on the foregoing considerations, it is hereby recommended that Respondent’s License Number275291 be suspended until it has paid Complainant $1,170.85.

If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be the date of certification. Done this day, February 16, 2016.

/s/ Dorinda M. Lang Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] See Intake Complaint Submission in the electronic file under the REQHRG heading in Prolaw.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826