ALJDEC decisions subject to certification as final

2018A-2354-NPC-ROC · Registrar of Contractors · 2018-08-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

J L Automation LLC,

COMPLAINANT,

v.

Amalfi Development LLC d/b/a,

Wood Building and Development,

License Nos: 202049, 226985

RESPONDENT.

No. 2018A-2354-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 8, 2018

APPEARANCES: Jonathan Lunt, Complainant

ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

_____________________________________________________________________

FINDINGS OF FACT

The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing regarding a Complaint against the Respondent filed May 24, 2018, for failure the Respondent to pay Complainant, when due on two invoices, the total of which exceeds seven hundred fifty dollars, for materials and labor services related to the Respondent’s licensed business operation.

A Citation was thereafter issued against Respondent on June 6, 2018 alleging a possible violation of A.R.S. § 32-1154(A)(10) The Respondent timely filed its Answer to the Citation and Complaint on June 20, 2018.

On June 21, 2018, the Registrar issued a Notice of hearing setting a hearing at 8:30 am on August 8, 2018. The Registrar mailed copies of the Notice of hearing to the respondent at tis address of record. 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 conducted on August 8, 2018.

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.

Jonathan Lunt, Complainant, testified that he is the Qualifying Party and Managing Member of and Arizona licensed contracting business that holds a CR-67 class [low Voltage Communication Systems] current contractors license. Mr. Lunt provided labor, materials and equipment on two job sites for the Respondent. Mr. Lunt testified that the Respondent was invoiced for two jobs he performed for Respondent, the total of which is $3,872.40. Mr. Lunt advised that as of the date of the hearing in this case, the amounts past due and owing have not been paid.

A review of the Registrar’s online records reflect that the Respondent holds two current Arizona contractors licenses: a B residential license first issued November 20, 2004 and a B-1 General Commercial Contractor license first issued December 4, 2004.

CONCLUSIONS OF LAW

The Registrar of Contractors has jurisdiction over Complaint No. 2018A-2354-NPC-ROC under the authority of A.R.S. § 32-1101, et seq., a section that enables the Registrar to impose disciplinary sanctions against licensees for the violations noted at A.R.S. § 32-1154(A), et seq. Respondent Amalfi Development LLC d/b/a, Wood Building and Development, is a licensee.

Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

A preponderance of the evidence is:

The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Black’s Law Dictionary 1373 (10th ed. 2014).

Statutes should be interpreted to provide a fair and sensible result. Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)(citation omitted); State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968) ("Courts will not place an absurd and unreasonable construction on statutes.").

“Statutes shall be liberally construed to effect their objects and to promote justice.” Ariz. Rev. Stat. § 1-211(B).

The purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors. See Aesthetic Property Maintenance v. Capital Indem. Corp., 183 Ariz. 74, 900 P. 2d 1210 (1995).

The Respondent presented no evidence. Inasmuch as Respondent has presented virtually no evidence to defend its license, then Respondent has failed to meet its burden of proof as to any affirmative defense it may have possessed.

By a preponderance of the evidence, it has been shown that Respondent did violate A.R.S. § 32-1154(A)(10) by failing to pay two invoices to the Complainant totaling $3,872.40 for services and materials provided to the Respondent in connection with Respondent’s operations as a contractor.

That the Respondent failed to appear at the hearing in this case - is an aggravating circumstance.

The Respondent’s license should, under the facts presented in this case, be suspended for not less than one day unless the Respondent makes full payment on the past due invoices to Complainant without further delay.

RECOMMENDED ORDER

IT IS RECOMMENDED it be ordered that thirty days after the effective date of the final Order in this matter Amalfi Development LLC d/b/a, Wood Building and Development, License Numbers 202049, 226985 is suspended for one (1) day unless the Registrar of Contractors receives proof that Amalfi Development LLC d/b/a, Wood Building and Development has paid to Complainant, J L Automation LLC, by certified funds, the total sum of $3,872.40.

Done this day, August 8, 2018.

/s/ Randolph D. Wolfson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors