ALJDEC decisions subject to certification as final

2020A-01165-NPC-ROC · Registrar of Contractors · 2020-06-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

M.E.L.S. LLC,

COMPLAINANT

Desert Mountain Electric LLC,

License No. ROC 285412,

RESPONDENT

No. 2020A-01165-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 4, 2020

APPEARANCES: Sandra Stone, Owner, appeared on behalf of Complainant M.E.L.S. LLC. Respondent Desert Mountain Electric LLC did not appear

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Desert Mountain Electric LLC (Respondent) is the holder of License No. 285412 issued by the Registrar of Contractors (Registrar).

On or about March 3, 2020, M.E.L.S. LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $15,210.36 for labor services provided to Respondent.

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 issued a Notice of Hearing, setting a hearing at 9:00 a.m. on June 4, 2020. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

Due to the COVID-19 situation, the Office of Administrative Hearings issued an order advising the parties that they could participate via video conference or telephone with the contact information provided. That order was emailed to the parties at the email addresses on record.

The hearing was held on June 4, 2020. Ms. Stone testified on behalf of Complainant.

Respondent did not join the hearing via videoconference or telephone and did not request that the hearing be continued. Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.

Ms. Stone testified that the total due to Complainant was $15,210.36.

Administrative notice is taken of Respondent’s prior License record as reflected on the Registrar’s public website on June 4, 2020. Such prior License record reflects that Respondent’s License No. 318607 was first issued on June 3, 2013, and is active. Such prior License record also reflects that are no other open or prior complaints against Respondent’s license.

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 $15,210.36 for labor services provided.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $15,210.36 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 Desert Mountain Electric LLC’s License No: 285412 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $15,210.36 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $15,210.36 in certified funds, the Registrar may close the Complaint in Case No. 2020-01165.

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, June 4, 2020.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000