ALJDEC decisions subject to certification as final

2020A-04448-NPC-ROC · Registrar of Contractors · 2021-01-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Precision Rentals,

COMPLAINANT

Arizona Traffic Signal Inc.

License Number ROC 236945,

RESPONDENT

No. 2020A-04448-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 11, 2021

APPEARANCES: Dawn Bennett, Operations Administrator, appeared on behalf of Complainant Precision Rentals. Respondent Arizona Traffic Signal Inc. did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Arizona Traffic Signal Inc. (Respondent) is the holder of License No. 236945 issued by the Registrar of Contractors (Registrar).

On or about September 14, 2020, Precision Rentals (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $15,161.99 for equipment rented by Respondent and provided by Complainant.

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 January 11, 2021. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

On December 29, 2020, the Office of Administrative Hearings issued an Order notifying the parties that the hearing would be conducted via Google Meet and provided the information needed to connect to the hearing. The Order was emailed to Respondent at its address of record.

A hearing was held via Google Meet on May 30, 2013. Ms. Bennett testified on behalf of Complainant.

Dawn Bennett testified that the total due to Complainant at the time of the hearing was $10,161.99 as Respondent had made a $5,000.00 payment on the balance due after the Complaint was filed. Ms. Bennett stated she had attempted to resolve the matter with Respondent, but Respondent was not responsive to her communications.

Respondent 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.

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 $10,161.99 for equipment Respondent rented from Complainant and Complainant provided for Respondent’s projects.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $10,161.99 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 Arizona Traffic Signal’s License No: 236945 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $10,161.99 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $10,161.99 in certified funds, the Registrar may close the Complaint in Case No. 2020-04448.

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, January 13, 2021.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000