ALJDEC decisions subject to certification as final

2020A-00881-NPC-ROC · Registrar of Contractors · 2020-08-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Builder Services Group Inc.,

COMPLAINANT

Mirage Custom Homes LLC,

License No. ROC 226450,

RESPONDENT

No. 2020A-00881-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 5, 2020

APPEARANCES: Shannon Larios, Regional Credit Manager, appeared on behalf of Complainant Mirage Custom Homes LLC. Respondent did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Mirage Custom Homes LLC (Respondent) is the holder of License No. 226450 issued by the Registrar of Contractors (Registrar).

On or about February 20, 2020, Builder Services Group Inc. (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $6,290.72 for services provided.

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).

The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing. The Registrar issued a Notice of Hearing, setting a hearing on May 29, 2020. The matter was continued as Respondent was purportedly trying to settle the matter. After the settlement failed to occur, the matter was set for hearing on August 5, 2020.

The Office of Administrative Hearings issued an order setting the matter for telephone or videoconference through Google Meet.

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.

Ms. Larios testified that the total due to Complainant at the time of the hearing was $5,331.71 for work performed on the project.

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 $6,290.72 for work performed at the time the complaint was filed.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $6,290.72 for services 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 Mirage Custom Homes LLC’s License No: 226450 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $6,290.72 in certified funds since the filing of the complaint.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $6,290.72 in certified funds, the Registrar may close the Complaint in Case No. 2020-00881.

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.

-54864001

001

-137160-45720000Done this day, August 5, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

001

-137160-45720000