FINACT2019A-02150-ROC.pdf

2019A-02150-NPC-ROC · Registrar of Contractors · 2019-10-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ross Aerial Equipment LLC, Case No. 2019-02150 DBA: Ross Equipment Rentals, Docket No. 2019A-02150-NPC-ROC COMPLAINANT, FINAL ADMINISTRATIVE DECISION AND v. ORDER Stealth Demolition Inc., License No. ROC 228017,

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 of each finding of

fact or conclusion of law.

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 accepts it.

CONCLUSION AND ORDER

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 November 11, 2019.

Dated October 2, 2019.

By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Arizona Registrar of Contractors /// ///

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 Copy mailed via USPS First Class Mail October 2, 2019 to: Respondent Stealth Demolition Inc. 7720 E Gelding Dr Bldg B Scottsdale, AZ 85260 Complainant Ross Aerial Equipment LLC DBA: Ross Equipment Rentals 407 S 17th Ave Phoenix, AZ 85007 Copy sent electronically this same date to: Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-02150 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 RECEIVED 9.24.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ross Aerial Equipment LLC, No. 2019A-02150-NPC-ROC DBA: Ross Equipment Rentals, COMPLAINANT ADMINISTRATIVE LAW JUDGE v. DECISION Stealth Demolition Inc., License No. ROC 228017, RESPONDENT

HEARING: September 19, 2019 APPEARANCES: Lynne Welton for Complainant; no one appeared for Respondent ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On June 18, 2019, the Registrar of Contractors (“ROC”) issued a NOTICE OF HEARING setting the above-captioned matter for hearing on July 19, 2019 at the

Office of Administrative Hearings. The matter was continued and the hearing was rescheduled for 9:00 a.m. on September 19, 2019. 2. The Notice of Hearing shows that the hearing was being conducted on the charges made in the CITATION and complaint. 3. Complainant is Ross Aerial Equipment LLC. 4. Respondent, Stealth Demolition Inc., holds license number 228017 issued by ROC. David John Carras is Respondent’s qualifying party. 5. No representative for Respondent appeared at 9:00 a.m. on September 19, 2019, and the matter was convened in its absence at about 9:17 a.m. 6. On April 25, 2019, Complainant filed with ROC a complaint against Respondent alleging that Respondent had failed to pay Complainant $15,391.42 for equipment Complainant rented to Respondent for Respondent’s use in its operations as a contractor. 7. The parties had entered into an agreement in which Respondent was to pay to Complainant $500 per week until its debt was cleared, which is why the matter

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.24.2019 ROC LEGAL

was continued. Respondent made some weekly payments to Complainant, but had stopped making payments before it had paid the entire amount owed to Complainant. 8. As of the hearing date, Respondent owed to Complainant $12,506.50, of

which $11,138.78 was for the rental fees and $1367.72 was for interest on

Respondent’s outstanding debt.

CONCLUSIONS OF LAW

1. 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.

2. “At a hearing on an agency action to suspend, revoke, terminate or modify

on its own initiative material conditions of a license or permit, the agency has the

burden of persuasion.” ARIZ. REV. STAT. § 41-1092.07(G)(2).

3. 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). 4. 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."). 5. “Statutes shall be liberally construed to effect their objects and to promote justice.” ARIZ. REV. STAT. § 1-211(B). 6. 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).

RECEIVED 9.24.2019 ROC LEGAL

7. Among the grounds for suspension or revocation of a contractor’s license is a “[f]ailure by [the] 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 ….” ARIZ. REV.

STAT. § 32-1154(A)(10).

8. The preponderance of the evidence to show that Respondent has violated

section 32-1154(A)(10). Consequently, ROC has authority to discipline Respondent’s

license.

9. Respondent’s failure to appear at the hearing is a factor in aggravation.

RECOMMENDED ORDER

IT IS RECOMMENDED that on the effective date of the final order in this matter

Stealth Demolition Inc.’s license number 228017 be suspended until the Registrar receives proof that Stealth Demolition Inc. has paid to Complainant $11,138.78. 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 is forty days after the date of that certification.

Done this day, September 23, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors