ALJDEC decisions subject to certification as final

2021A-02674-NPC-ROC · Registrar of Contractors · 2021-09-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Rocky's Cabinets LLC,

COMPLAINANT

Renovations By Garman LLC

License No. ROC 318927,

RESPONDENT

No. 2021A-02674-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 1, 2021

APPEARANCES: Ismael Ramos appeared on behalf of Complainant Rocky’s Cabinets. No representative from Respondent Renovations By Garman LLC appeared.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

Renovations By Garman LLC (Respondent) is the holder of License No. 318927 issued by the Registrar of Contractors (Registrar).

On or about June 10, 2021, Rocky’s Cabinets LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $2,320.00 for three vanity countertops provided for the Mendez project.

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) on July 1, 2021.

On July 16, 2021, Respondent e-mailed a Response to the Registrar.

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 September 1, 2021. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

The hearing was held as scheduled on September 1, 2021. Mr. Ramos appeared on behalf of Complainant and submitted four exhibits into the record.

The Tribunal waited for fifteen minutes, but Respondent failed to appear. Because Respondent did not appear through an authorized member, employee, or attorney, Respondent did not present any evidence to defend its license.

Mr. Ramos testified that the total due to Complainant was still $2,320.00 for the vanities supplied to Respondent.

Mr. Ramos also testified that he was aware that Respondent was paid at least $6,915.00 by Mr. Mendez for the work performed, and that Respondent has failed to remit payment.

Mr. Ramos testified that while he was patient in allowing Respondent time to pay, he had no choice but to file the Complaint after repeatedly being ignored.

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 $2,320.00 for the three vanities supplied.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $2,320.00 for the three vanities supplied.

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 Renovations By Garman LLC’s License No: 318927 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $2,320.00 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $2,320.00 in certified funds, the Registrar may close the Complaint in Case No. 2021-02674.

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, September 12, 2021.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

-54864001

001

-137160-45720000