ALJDEC decisions subject to certification as final

2017A-5582-NPC-ROC · Registrar of Contractors · 2018-01-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Consolidated Electrical Distributors Inc,

COMPLAINANT,

v.

Copperstate Wiring LLC,

License No:

303894

RESPONDENT.

No. 2017A-5582-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 22, 2018

APPEARANCES: Seth Bremer, Division Credit Manager for Complainant and Clay Frizzell, witness for the Complainant. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Randy Wolfson

FINDINGS OF FACT

The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, 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 22, 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 22, 2018.

Testifying for the Complainant, Seth Bremer introduced the Respondent’s Credit Application [Exhibit C-1], the Respondent’s current Balance Statement [Exhibit C-2] showing a balance due and owing totaling $3,691.02 on nine past due invoices [Exhibit C-3] for materials and supplies purchased by the Respondent, but for which the Respondent has failed to pay.

Respondent did not request to appear telephonically and did not request that the hearing be continued. Although the start of the hearing was delayed 20 minutes, Respondent did not appear through an authorized member, employee, or attorney. 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 notices 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)(11) by failing to pay Complainant more than $750.00 for materials that Respondent used in its contracting business.

Respondent should pay Complainant Consolidated Electrical Distributors Inc, $3,691.02 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 Copperstate Wiring LLC, License Number 303894 until Respondent provides notice to the Registrar that it has paid $3,691.02 in certified funds to Complainant Consolidated Electrical Distributors Inc.

Done this day, January 27, 2018

Randy Wolfson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors