ALJDEC decisions subject to certification as final

2021A-02742-NPC-ROC · Registrar of Contractors · 2021-08-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Yukon Electric Incorporated,

COMPLAINANT

Air Forbes One Inc.

DBA: Temp Rite Refrigeration

License No. ROC 182505,

RESPONDENT

No. 2021A-02742-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 27, 2021

APPEARANCES: David W. Knott, Owner and Qualifying Party, appeared on behalf of Complainant Yukon Electric Incorporated. Respondent Air Forbes One Inc., doing business as Temp Rite Refrigeration did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Air Forbes One Inc., doing business as Temp Rite Refrigeration (Respondent) is the holder of License No. 182505 issued by the Registrar of Contractors (Registrar).

On or about June 15, 2021, Yukon Electric Incorporated (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $9,000.00 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 August 27, 2021. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. The hearing was held on August 27, 2021.

Mr. Knott testified that the total due to Complainant was $9,000.00 on the total contract of $12,000.00. Mr. Knott acknowledged that the parties did not have a signed contract but indicated that the proposal he provided to Respondent represented the contract. Mr. Knott asserted that Complainant completed all the work in the proposal, but did not complete a final walkthrough because Respondent left the project and he was unable to contact the property owner to arrange the walkthrough.

Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 30 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 $9,000.00 for work performed.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $9,000.00 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 Respondent’s License No: 182505 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $9,000.00 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $9,000.00 in certified funds, the Registrar may close the Complaint in Case No. 2021-02742.

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, August 30, 2021.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors-54864001

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-137160-45720000