ALJDEC decisions subject to certification as final

2017A-5211-NPC-ROC · Registrar of Contractors · 2018-01-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sun Valley Floor Specialists LLC,

COMPLAINANT,

v.

Stertz Construction LLC,

License No: 291858

RESPONDENT.

No. 2017A-5211-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 29, 2018

APPEARANCES: Edgar Verduzco, Complainant.

ADMINISTRATIVE LAW JUDGE: Randy Wolfson

_____________________________________________________________________

FINDINGS OF FACT

On October 16, 2017, the Registrar received a complaint against Respondent. On October 25, 2017, the Registrar issued a citation to Respondent for a violation of A.R.S. § 32-1154(A)(10). The Registrar mailed the citation via USPS First Class mail and certified mail to Respondent’s address of record at: Stertz Construction LLC, 3125 E 2nd St, Tucson, AZ 85716-4209. The Registrar did not receive a timely Answer from Respondent. On November 16, 2017, the Registrar suspended Respondent’s license until Complainant is paid $20,959.85.

Thereafter, the Registrar considered a submittal by Respondent tendered November 16, 2017 as a late-filed Answer and a request to set aside the Default order. The Registrar reviewed Respondent’s late-filed Answer and determined that Respondent filed three complaints against Complainant for poor workmanship. Case No. 2017-5419 and 2017-5420 received by the Registrar on October 26, 2017 and Case No. 2017-5583 received by the Registrar on November 6, 2017. The Registrar found the Respondent intended those complaints to be considered as an Answer to the citation. The Registrar found that good cause existed to set aside the Final Administrative Decision and Order and on November 21, 2017, the Registrar Ordered:

“...that the Registrar’s November 16, 2017 Final Administrative Decision and Order be set aside and that this matter proceed to hearing before the Office of Administrative Hearings...that the provisional suspension imposed on November 16, 2017 is quashed...that a hearing be scheduled in the normal course of docketing in the Tucson area. A Notice of Hearing will be issued in due course.

The Registrar having referred this matter to the Office of Administrative Hearings for an evidentiary hearing, the Registrar mailed copies of the Notice of Hearing to Respondent at its address of record. Notice of Hearing in this matter issued December 20, 2018 set this matter for hearing on January 29, 2018

The Notice of Hearing informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.”

A hearing was held on January 29, 2018.

Appearing for the Complainant was Edgar Verduzco, member of Sun Valley Floor Specialists LLC, who advised that Respondent has paid no funds to it, that the Respondent had previously filed three complaints as follows: Case No. 2017-5419 and 2017-5420 but that in each case the ROC Inspector found no workmanship or other issues and dismissed each complaint.

Administrative Judicial Notice of the Invoices directed to the Respondent by the Complainant which are of record and attached to the complaint filed with the Registrar total $20,959.85.

Respondent did not request to appear telephonically and did not request that the hearing be continued. Although the start of the hearing was delayed 39 minutes awaiting appearance of the Respondent, the Respondent did not appear through an authorized member, employee, or attorney or personally. Consequently, Respondent did not present any evidence to defend its license.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

At the time and place noticed in the Notice of Hearing, Respondent failed to appear.

The Notice of Hearing that the Registrar mailed to Respondent at its address of record was reasonable and Respondent is deemed to have received notice of the hearing.

Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence.

Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant more than $750.00 for materials that Respondent used in its contracting business.

Respondent should pay Complainant Sun Valley Floor Specialists LLC, $20,959.85 in certified funds, as a condition of keeping its license in good standing.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s final order in this matter, the Registrar suspend Respondent Stertz Construction LLC, License Number 291858 until Respondent provides notice and proof to the Registrar evidencing that Stertz Construction LLC has paid $20,959.85 in certified funds to Complainant Sun Valley Floor Specialists LLC.

Done this day, January 29, 2018.

/s/ Randy Wolfson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors