FINACT2018A-3362-NPC-ROC.pdf

2018A-3362-NPC-ROC · Registrar of Contractors · 2018-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

J D Concrete Innovations, LLC, Case No. 2018-3362 COMPLAINANT, Docket No. 2018A-3362-NPC-ROC v. J & R Construction, LLC , FINAL ADMINISTRATIVE DECISION License No. ROC 316956, AND ORDER RESPONDENT.

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. The Registrar reviewed that decision and hereby accepts it. CONCLUSION Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on December 12, 2018.

Dated November 2, 2018.

Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal and Recovery Fund

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Copy mailed via USPS First Class mail November 2, 2018 to: Respondent J & R Construction LLC 14015 W La Reata Ave Goodyear, AZ 85395 Complainant J D Concrete Innovations LLC 21429 E Bonanza Way Queen Creek, AZ 85142 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Office of Administrative Hearings Kay Abramsohn, Administrative Law Judge

Case No. 2018-3362 / AN

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 10.15.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

J D Concrete Innovations LLC, No. 2018A-3362-NPC-ROC COMPLAINANT, v. ADMINISTRATIVE LAW JUDGE J & R Construction LLC, DECISION NUNC PRO TUNC IN LIEU OF License No: 316956, ORDER VACATING HEARING RESPONDENT.

HEARING: October 5, 2018, at 1:00 p.m. APPEARANCES: J D Concrete Innovations LLC (“Complainant”) did not appear; J & R Construction LLC, (“Respondent”) did not appear. ADMINISTRATIVE LAW JUDGE: Kay Abramsohn _____________________________________________________________________

FINDINGS OF FACT

1. This Administrative Law Judge Decision is being issued nunc pro tunc,

effective October 5, 2018, regarding the scheduled hearing of October 5, 2018.

2. The Arizona Registrar of Contractors (“the Registrar”) issued License No.

306388 to Complainant. Complainant’s address of record is 21429 E. Bonanza Way,

Queen Creek, Arizona 85142.

3. The Arizona Registrar of Contractors (“the Registrar”) issued License No.

316956 to Respondent. Respondent’s address of record is 14015 W. La Reata Ave.,

Goodyear, Arizona 85395.

4. On July 23, 2018, Complainant filed a complaint (“Complaint”) with the

Registrar against Respondent alleging that Respondent owed $5,500.00 for Complainant’s concrete work at 9721 E. McKellips in Mesa, Arizona. The work was performed beginning on June 29, 2018 and ending on July 3, 2018. 5. Complainant provided both its address of record and Respondent’s address of record on the Complaint.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 10.15.2018 ROC LEGAL

6. On July 24, 2018, the Registrar provided a copy of the Complaint to Respondent, indicating that it would issue a citation if there was no response to the Complaint by July 31, 2018.

7. On July 31, 2018, Respondent advised the Registrar by email that the job

was a “net 30 allowing 30 days to be paid.” Respondent asked the Registrar to dismiss

the Complaint.

8. On July 31, 2018, the Registrar issued a Citation for Alleged Violation of

A.R.S. § 32-1154(A)(10) against Respondent. 1

9. On August 13, 2018, the Registrar issued an ORDER denying the request to

dismiss the Complaint.

10. The Registrar subsequently referred the matter to the Office of Administrative

Hearings (“OAH”), an independent state agency, for an evidentiary hearing.

11. On August 14, 2018, the Registrar issued a Notice of Hearing, setting a

hearing on October 5, 2018, at 1:00 p.m. at the OAH. The Registrar mailed a copy of

the Notice of Hearing to Complainant and Respondent at their addresses of record.

12. Neither party requested to appear telephonically or requested that the hearing be continued. Although the start of the duly noticed hearing was delayed fifteen minutes to allow the parties additional travel time, they did not appear or contact OAH to request that the start of the hearing be further delayed. Consequently, Complainant did not present any evidence to prosecute the Complaint against Respondent; neither party informed OAH that the matter was resolved. CONCLUSIONS OF LAW 1. This dispute lies within the Registrar’s jurisdiction to resolve. 2 2. Because the Notice of Hearing was mailed to both party’s addresses of record, they are deemed to have received notice of the scheduled hearing. 3

A.R.S. § 32-1154(A)(10) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure by 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 . . . .” See A.R.S. § 32-1101 et seq. 3 See A.R.S. §§ 41-1092.04; 41-1092.05(D). RECEIVED 10.15.2018 ROC LEGAL

3. Complainant bears the burden of proof to establish statutory violations by a preponderance of the evidence. 4 4. Complainant’s failure to appear at the duly noticed hearing or to offer any

evidence to prosecute the Complaint precludes a finding that Respondent violated

A.R.S. § 32-1154(A)(10).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the final

order in this matter, Case No. 2018-3362 against Respondent J&R Construction LLC,

License 316956 be dismissed.

In the event of certification of the Administrative Law Judge Decision by the

Director of the Office of Administrative Hearings, the effective date of the Order will be

five days from the date of that certification.

Done this day, October 11, 2018

/s/ Kay Abramsohn Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).