ALJDEC decisions subject to certification as final

2022A-00332-NPC-ROC · Registrar of Contractors · 2022-04-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Alumi Cover Awning,

COMPLAINANT

Desert Rays Construction LLC

License No. ROC 305231,

RESPONDENT

No. 2022A-00332-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 4, 2022

APPEARANCES: Annabel Griffin, General Manager, appeared on behalf of Complainant Alumi Cover Awning and was represented by Edward Marko. Respondent Desert Rays Construction LLC did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Desert Rays Construction LLC (Respondent) is the holder of License No. 305231 issued by the Registrar of Contractors (Registrar).

On or about January 11, 2022, Alumi Cover Awning (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $7153.53 for awning materials supplied.

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).

In its answer to the Citation, Respondent stated “I accept the fact that I owe these payments to [Complainant].”

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 April 4, 2021. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. A March 23, 2022 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on April 4, 2021.

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.

Annabel Griffin testified that the total due to Complainant was $7153.53. Ms. Griffin stated that she attempted to work with Respondent to set up payment plans, but Respondent stopped answering her calls.

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.

The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing. See A.R.S. § 41-1092.04; A.R.S. § 41-1061(A).

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 $7153.53 for materials supplied.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $7153.53 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 Desert Rays Construction LLC’s License No. 305231 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $7153.53 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $7153.53 in certified funds, the Registrar may close the Complaint in Case No. 2022-00332.

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, April 25, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

By Miranda Alvarez

Legal Secretary -54864001

001

-137160-45720000