ALJDEC decisions subject to certification as final
2022A-01879-NPC-ROC · Registrar of Contractors · 2022-08-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Phoenix Winsupply Co,
COMPLAINANT
v.
Kalonis Plumbing Mechanics L.L.C
License No. ROC 331461,
RESPONDENT
No. 2022A-01879-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 13, 2022, with the record held open until July 22, 2022
APPEARANCES: Greg Ray, President and Owner, appeared on behalf of Complainant Phoenix Winsupply Co. Reginald Lashley, Qualifying Party, appeared on behalf of Respondent Kalonis Plumbing Mechanics L.L.C.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
_____________________________________________________________________
FINDINGS OF FACT
Kalonis Plumbing Mechanics L.L.C. (Respondent) is the holder of License No. 331461 issued by the Registrar of Contractors (Registrar).
On or about March 7, 2022, Phoenix Winsupply Co. (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $8,668.87 for materials supplied to Respondent.
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).
At the time of the hearing, Mr. Ray stated that the total due to Complainant at the time of the hearing was $4,298.87.
Mr. Lashley agreed that Respondent owed Complainant $4,298.87. Mr. Lashley represented that he got COVID-19 and fell behind. Respondent did not assert that it lacked the capacity to pay the amount Complainant asserted was due.
At the time of the hearing, the parties agreed to a potential settlement and the record was held open to the allow the settlement to be finalized. On July 27, 2022, the Office of Administrative Hearings was notified by Complainant that the settlement had fallen through and a decisions needed to be issued in this matter.
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 $4,298.87 for materials supplied.
Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $4,298.87 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 Kalonis Plumbing Mechanics L.L.C’s License No: 331461 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $4,298.87 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,298.87 in certified funds, the Registrar may close the Complaint in Case No. 2022-01879.
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 11, 2022.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000By Miranda Alvarez
Legal Secretary