FINACT2019A-01005-NPC-ROC.pdf

2019A-01005-ROC · Registrar of Contractors · 2019-07-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

OnCall Staffing, Case No. 2019-01005 COMPLAINANT, Docket No. 2019A-01005-NPC-ROC v. Rocket Aire LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 320830, 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 July 30, 2019.

FINAL NOTES

On page 1, line 16 replace “May 20, 2019” with “March 01, 2019.” On page 1, line 28 replace

“May 30, 2013” with “May 31, 2019.”

Dated June 20, 2019. Registrar of Contractors /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of 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 June 20, 2019 to: Respondent Rocket Aire LLC 12731 W Larkspur Rd El Mirage, AZ 85335 Complainant OnCall Staffing 4920 E McDowell Rd Ste 103 Phoenix, AZ 85008 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 Tammy L. Eigenheer, Administrative Law Judge Case No. 2019-01005 / DE

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 6.6.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

OnCall Staffing, No. 2019A-01005-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Rocket Aire LLC, DECISION ROC License: ROC 320830, RESPONDENT HEARING: May 31, 2019 APPEARANCES: Mark Grayson, Owner, appeared on behalf of Complainant

OnCall Staffing. Respondent Rocket Aire LLC did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

1. Rocket Aire LLC (Respondent) is the holder of License No. 320830

issued by the Registrar of Contractors (Registrar).

2. On or about May 20, 2019, OnCall Staffing (Complainant) filed a

Complaint against Respondent with the Registrar alleging that Respondent had failed

to pay Complainant the sum of $29,632.54 for labor services provided to Respondent. 3. The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10) and referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing. 4. The Registrar issued a Notice of Hearing, setting a hearing at 9:00 a.m. on May 31, 2019. The Registrar mailed copies of the Notice of Hearing to Respondent at its address of record. 5. 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.” 6. A hearing was held on May 30, 2013. Mr. Grayson and George Sideris testified on behalf of Complainant.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 6.6.2019 ROC LEGAL

7. 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.

8. Mr. Sideris, testifying on behalf of Complainant, stated that at the time of

the complaint being filed, Respondent owed Complainant the principal amount

$29,632.54, but that a general contractor had since paid them the amount due on a

particular project to release a lien. Complainant also obtained a Default Judgment in

the Superior Court of Maricopa County for the principal amount of $26,989.35. Mr.

Sideris acknowledged that the difference in those two amounts owed, $2,643.19, was

consistent with the amount received from the general contractor. Mr. Sideris agreed

that the current principal amount owed was $26,989.35.

9. Mr. Grayson testified that Complainant’s agreement with Respondent was

Net 15 day terms and Respondent had been properly invoiced for the services

provided. The most recent invoice for the services provided was issued on January 25,

2019. 10. Administrative notice is taken of Respondent’s prior License record as reflected on the Registrar’s public website on June 3, 2019. Such prior License record reflects that Respondent’s License No. 320830 was first issued on June 28, 2018, and was issued a disciplinary suspension on May 30, 2019. Such prior License record also reflects that are three open complaints against Respondent’s license and one prior complaint resulting in discipline. CONCLUSIONS OF LAW 1. The copy of 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. A.R.S. §§ 41-1092.04 and 41-1092.05(D). 2. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is by a preponderance of the evidence. See A.A.C. R2-19-119. RECEIVED 6.6.2019 ROC LEGAL

3. A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960).

4. 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 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.

5. The evidence established that Respondent owed a total of $26,989.35 for labor services provided. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $26,989.35 for services or materials rendered in connection with Respondent’s contracting business. 6. Based upon Respondent’s violation of the provisions of A.R.S. § 32- 1154(A)(10), grounds exist to impose discipline against Respondent’s license. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Registrar suspend Rocket Aire LLC’s License No: 320830 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $26,989.35 in certified funds. It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $26,989.35 in certified funds, the Registrar may close the Complaint in Case No. 2019-01005. In the event of certification of this Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be days from the date of the certification. Done this day, June 5, 2019. /s/ Tammy L. Eigenheer Administrative Law Judge RECEIVED 6.6.2019 ROC LEGAL

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors