ALJDEC decisions subject to certification as final
2020A-01950-NPC-ROC · Registrar of Contractors · 2020-08-03
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sunkist Plumbing LLC,
COMPLAINANT
v.
New Legacy Building and Design Incorporated,
License No. ROC 199643,
RESPONDENT
No. 2020A-01950-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 15, 2020
APPEARANCES: Dan Hadz, Member, appeared on behalf of Complainant Sunkist Plumbing LLC. Respondent did not appear.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
_____________________________________________________________________
FINDINGS OF FACT
New Legacy Building and Design Incorporated (Respondent) is the holder of License No. 199643 issued by the Registrar of Contractors (Registrar).
On or about April 17, 2020, Sunkist Plumbing LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $10,260.00 for work performed.
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 at 1:00 p.m. on July 15, 2020. The Registrar sent copies of the Notice of Hearing to Respondent at its address and email address of record.
On July 2, 2020, the Office of Administrative Hearings issued an order setting the hearing via Google Meet and allowed the parties to participate via telephone or videoconference. The order was sent to Respondent at its email address of record.
The hearing was held on July 15, 2020. Mr. Hadz testified on behalf of Complainant.
Respondent did not request to appear telephonically and did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.
Mr. Hadz testified that the total due to Complainant was $10,260.00 for work performed in November 2019. Mr. Hadz indicated that Respondent had indicated it would pay Complainant using deposits from new jobs, but then failed again to pay the amount due.
CONCLUSIONS OF LAW
The copies of the Notice of Hearing that the Registrar sent to Respondent at its address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).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.
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 $10,260.00 for work performed.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $10,260.00 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 New Legacy Building and Design Incorporated’s License No: 199643 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $10,260.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $10,260.00 in certified funds, the Registrar may close the Complaint in Case No. 2020-01950.
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
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, August 3, 2020.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000