ALJDEC decisions subject to certification as final

2020A-02170-NPC-ROC · Registrar of Contractors · 2020-07-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Viasun Corporation,

COMPLAINANT

Builders Investment Group LLC,

License No. ROC 306835,

RESPONDENT

No. 2020A-02170-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 23, 2020

APPEARANCES: Fred Locke appeared via Google Meet on behalf of Complainant, Viasun Corporation. No representative for Respondent Builders Investment Group LLC appeared.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

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FINDINGS OF FACT

Builders Investment Group LLC (Respondent) is the holder of License No. 306835 issued by the Registrar of Contractors (Registrar).

On or about April 28, 2020, Viasun Corporation (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $5,157.00 for work 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 at 9:00 a.m. on July 23, 2020. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. The copy of the Notice of Hearing that the Registrar mailed to Respondent at its address of record was reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

By order dated July 2, 2020, the parties were advised the hearing would be held via Google Meet.

The hearing was held as scheduled on July 23, 2020. Mr. Locke appeared on behalf of Complainant.

Respondent did not appear and did not request that the hearing be continued. Because Respondent did not appear through an authorized member, employee, or attorney, no evidence was presented to defend its license.

Mr. Locke testified that on May 29, 2019, Respondent agreed to pay $5,157.00 for Complainant to apply Type 2 Micro seal on asphalt for Respondent’s project.

After the work was performed, Complainant provided an invoice for $5,157.00 to Respondent on June 18, 2019.

Mr. Locke further testified as to various phone and email discussions regarding the status of payment.

Finally, Mr. Locke testified that to date, zero payments have been made, and the full balance of $5,157.00 is currently due and owing.

Administrative notice is taken of Respondent’s prior License record on July 27, 2020. Such prior License record reflects that Respondent’s License No. 306835 was first issued on September 19, 2016, and is currently suspended as of May 8, 2020. Such prior License record also reflects that there are three other open 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 $5,157.00 for the work performed.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $5,157.00 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 Builders Investment Group LLC, License No. ROC 306835 issued by the Registrar, until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant, $5,157.00 in certified funds.

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It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $5,157.00 in certified funds, the Registrar may close the Complaint in Case No. 2020-02170.

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, July 27, 2020.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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