ALJDEC decisions subject to certification as final

2019A-05883-NPC-ROC · Registrar of Contractors · 2020-05-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

A P Fire Protection LLC,

COMPLAINANT

Mira Bella Builders LLC,

License No. 196548, 215908,

RESPONDENT

No. 2019A-05883-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 28, 2020

APPEARANCES: Todd Pyne and Julie Pyne appeared on behalf of Complainant A P Fire Protection LLC. James Meringer appeared on behalf of Respondent Mira Bella Builders LLC.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Mira Bella Builders LLC (Respondent) is the holder of License No. 196548 and 215908 issued by the Registrar of Contractors (Registrar).

On or about November 26, 2019, A P Fire Protection LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $10,429.30 for installation of fire alarms.

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).

Todd Pyne, Complainant’s Co-Owner and Qualifying Party, testified that the total due to Complainant was $10,429.30 for work performed in February 2019 and March 2019. Mr. Pyne indicated that Complainant had pulled the permits, completed the projects, passed inspections, and tenants moved into the locations on the two projects.

July Pyne, Complainant’s Co-Owner, testified that she had been a party to a discussion regarding James Meringer’s personal bankruptcy and had been informed that Complainant was not considered a debtor because the debt was owed by Respondent and not by Mr. Meringer personally.

Mr. Meringer testified that Respondent had a customer not pay for a job toward the end of 2019. Mr. Meringer also noted that since the shutdown resulting from the COVID-19 quarantine, he had lost a big hotel project that would have enabled him to make the past due payments. Mr. Meringer acknowledged that Respondent was paid in full for the jobs Complainant had worked on that were the subject of the instant complaint.

CONCLUSIONS OF LAW

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.

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).

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.

The evidence established that Respondent owed a total of $10,429.30 for work performed. Respondent acknowledged it had been paid in full on the particular constructions work projects for which Complainant performed the work.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $10,429.30 for services or materials rendered in connection with Respondent’s contracting business.

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 Mira Bella Builders LLC’s License Nos: 196548 and 215908 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $10,429.30 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $10,429.30 in certified funds, the Registrar may close the Complaint in Case No. 2019-05883.

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 40 days from the date of the certification.

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-137160-45720000Done this day, May 18, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000