ALJDEC decisions subject to certification as final

2022A-01542-NPC-ROC · Registrar of Contractors · 2022-05-31

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Custom Landscape Materials

DBA: West Valley Rock

COMPLAINANT

All Rock Supply Inc.

License No. ROC 308408,

RESPONDENT

No. 2022A-01542-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 31, 2022

APPEARANCES: Sam Skippers, Owner, appeared on behalf of Complainant Custom Landscape Materials, doing business as West Valley Rock. Louis Rodriguez, Owner and Qualifying Party, appeared on behalf of Respondent All Rock Supply Inc.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

All Rock Supply Inc. (Respondent) is the holder of License No. 308408 issued by the Registrar of Contractors (Registrar).

On or about February 23, 2022, Custom Landscape Materials, doing business as West Valley Rock (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $40,233.33 for 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).

Tammy Welty, Accounts Receivable for Complainant, testified that the total due to Complainant was $30,223.33 at the time of the hearing. Ms. Welty indicated that after the complaint was filed, Respondent made a payment of $10,000.00, which reduced the amount owed from that stated in the complaint. Ms. Welty pointed to the most recent invoice included with the complaint as evidence of the amount owed.

Mr. Rodriguez testified that he believed the amount owed to be $21,200.00. Mr. Rodriguez asserted that Respondent’s records did not support the initial amount owed of $40,233.33. Mr. Rodriguez stated that Respondent did not have the funds available to pay Complainant, but intended to pay the $21,200.00 he believed was owed. Mr. Rodriguez acknowledged that he did not provide any evidence to the Office of Administrative Hearings for this hearing to establish the amount he alleged was owed.

Respondent did not assert that it had not been paid for the jobs for which the materials were used.

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 $30,223.33 for materials.

Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed or had not been paid on the projects for which the materials were used.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $30,223.33 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 All Rock Supply Inc.’s License No: 308408 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $30,233.33 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $20,233.33 in certified funds, the Registrar may close the Complaint in Case No. 2022-01542.

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, May 31, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

By Miranda Alvarez

Legal Secretary -54864001

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