FINACT2019A-04804-OMC-ROC.pdf

2019A-04804-OMC-ROC · Registrar of Contractors · 2020-01-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2019-04804 COMPLAINANT, Docket No. 2019A-04804-OMC-ROC v. TK HVAC and Electrical Services Corp., FINAL ADMINISTRATIVE License No. ROC 302312, 302310, DECISION 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 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 March 11, 2020. FINAL NOTE On page 1, line 22 replace “March 8, 2017” with “March 17, 2017” and line 24 replace “May 9, 2018” with “June 12, 2018.” On page 2, line 1 replace “August 29, 2019” with “August 2, 2019” and line 13 replace “September 18, 2019” with “October 8, 2019.”

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

Dated January 31, 2020. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail January 31, 2020 to: Respondent TK HVAC and Electrical Services Corp 11910 N Olive St El Mirage, AZ 85335

Copy sent electronically this same date to:

Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Respondent at email address on record with the Registrar

Case No. 2019-04804 / VE

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 1.7.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors, No. 2019A-04804-OMC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE TK HVAC and Electrical Services Corp, DECISION License No. ROC 302312, 302310, RESPONDENT

HEARING: December 19, 2019

APPEARANCES: No one appeared for Respondent; John Tellier, Esq. for

Complainant

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On November 19, 2019, the Registrar of Contractors (“ROC”) issued a

Notice of Hearing on Contested Case setting the above-captioned matter for hearing at

1:00 p.m. on December 19, 2019 at the Office of Administrative Hearings in Phoenix,

Arizona.

2. No representative for Respondent TK HVAC and Electrical Services Corp

appeared at the scheduled time and the matter was convened in its absence at about

1:18 p.m.

3. Respondent has been issued license numbers 302310 and 302312. Kevin Wayne Jackson is the qualifying party and owner for both licenses. 4. License number 302310 has been inactive since March 8, 2017. 5. License number 302312 has been inactive since March 17, 2017. 6. On or about May 9, 2018, Mr. Jackson became the qualifying party for Phoenix Solar Specialists LLC that holds license number 281006. Mr. Jackson was also 25% owner of the LLC. 7. On May 28, 2019, Mr. Jackson disassociated as Phoenix Solar Specialists’ qualifying party. There is no evidence showing that Mr. Jackson also gave up his ownership interest in Phoenix Solar Specialists.

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8. On August 29, 2019, Graybar Electric Company filed with ROC a complaint against Phoenix Solar Specialists alleging that it owed Graybar $112,445.42 for material provided for construction related projects. 9. As a result of Graybar’s complaint, ROC issued to Phoenix Solar Specialists a citation alleging that it had violated ARIZ. REV. STAT. section 32- 1154(A)(10). Through a Final Administrative Decision and Order dated September 17, 2019, ROC found that Phoenix Solar Specialists had violated section 32-1154(A)(10) and it revoked its license number 281006. 10. Invoices that Graybar included with its complaint show that Phoenix Solar Specialists received material that it had not paid for during the time that Mr. Jackson was its qualifying party. Some of these invoices show that Mr. Jackson ordered or signed for the material at issue. 11. On September 18, 2019, ROC issued a citation alleging that Respondent may have violated ARIZ. REV. STAT. section 32-1154(A)(20). 12. At the hearing, ROC requested that Respondent’s license numbers 302310 and 302312 be revoked. CONCLUSIONS OF LAW 1. “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). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119. 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).

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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). 7. ARIZ. REV. STAT section 32-1154(A)(20) provides that “Having a person named on the license who is or was named on any other license in this state or in another state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license …” is grounds for suspension or revocation of the license. 8. The preponderance of the evidence show that Mr. Jackson was named on Phoenix Solar Specialists’ license number 281006 when the acts occurred that led to that license being revoked. 9. Considering the facts and circumstances of this matter, Respondent’s license numbers 302310 and 302312 should be revoked. ORDER IT IS ORDERED that on the effective date of the final order in this matter TK HVAC and Electrical Services Corp’s license numbers 302310 and 302312 are revoked. 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, January 6, 2020.

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/s/ Thomas Shedden Thomas Shedden Administrative Law Judge Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors