FINACT2019A-02499-NPC-ROC-FinalAgencyAction-6657.pdf

2019A-02499-NPC-ROC · Registrar of Contractors · 2019-12-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ron Sirwaitis Custom Finishing Inc, Case No. 2019-02499

COMPLAINANT, Docket No. 2019A-02499-NPC-ROC v.

Patterson Homes LLC FINAL ADMINISTRATIVE DECISION AND DBA: Patterson Restoration, ORDER License No. ROC 315545,

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 January 6, 2020. FINAL NOTES On page 1, lines 28 and 29, strike, “…and Complainant requested an administrative hearing.” On page 1, line 30, following “Violation of A.R.S. § 32-1154(A)(10),” insert, “Respondent subsequently requested an administrative hearing.” Dated November 27, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal 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 November 27, 2019 to: Respondent Patterson Homes LLC DBA: Patterson Restoration 2716 N Ogden Rd Ste 101 Mesa, AZ 85215 Rylan J. Stewart, Esq. 2716 N Ogden Rd, Ste 101 Mesa, AZ 85215

Complainant Ron Sirwaitis Custom Finishing Inc 47801 N Black Canyon Hwy # 237 New River, AZ 85087 Copy sent electronically this same date to: Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2019-02499 / DE

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 11.1.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ron Sirwaitis Custom Finishing Inc., No. 2019A-02499-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Patterson Homes LLC., DECISION DBA: Patterson Restoration ROC License: ROC 315545 RESPONDENT HEARING: October 31, 2019 APPEARANCES: Ron Sirwaitis, Owner and Qualifying Party, appeared on behalf of Complainant Ron Sirwaitis Custom Finishing Inc. Respondent Patterson Homes LLC doing business as Patterson Restoration did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ FINDINGS OF FACT 1. Patterson Homes LLC doing business as Patterson Restoration (Respondent) is the holder of License No. 315545 issued by the Registrar of Contractors (Registrar). 2. On or about October 12, 2018, Ron Sirwaitis Custom Finishing Inc. (Complainant) entered into a time and materials contract with Respondent to complete repair work not completed on all cabinets. 3. On or about December 20, 2018, Complainant submitted an invoice to Respondent for a total amount due of $30,185.00. 4. Respondent did not make any payment on the total due to Complainant. 5. On or about May 13, 2019, (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $30,185.00 for the work performed. 6. 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).

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 11.1.2019 ROC LEGAL

7. At hearing, Mr. Sirwaitis testified as to the contract and work performed by Complainant. Mr. Sirwaitis stated that Complainant did not receive any payment from Respondent for the project.

8. Respondent did not appear, and therefore, did not present any evidence

in defense of its license.

CONCLUSIONS OF LAW

1. 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.

2. 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).

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 or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 4. The evidence established that Respondent owed a total of $30,185.00 for work performed. Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $30,185.00 for services or materials rendered in connection with Respondent’s contracting business. 5. 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 Patterson Homes LLC doing business as Patterson Restoration’s License No: 315545 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted,

documents that establish that it has paid Complainant $30,185.00 in certified funds. RECEIVED 11.1.2019 ROC LEGAL

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $30,185.00 in certified funds, the Registrar may close the Complaint in Case No. 2019-02499.

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, October 31, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors