ALJDEC decisions subject to certification as final

2022A-03319-NPC-ROC · Registrar of Contractors · 2023-02-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sunstate Equipment Co., LLC,

COMPLAINANT

Cisco Equipment LLC

License No. ROC 325777,

RESPONDENT

No. 2022A-03319-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 26, 2023

APPEARANCES: Sunstate Equipment Co., LLC, was represented by Edward Marko. Respondent Cisco Equipment LLC did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Cisco Equipment LLC (Respondent) is the holder of License No. 325777 issued by the Registrar of Contractors (Registrar).

On or about April 22, 2022, Sunstate Equipment Co., LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $44,313.32 for equipment rental.

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 on May 24, 2022. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

The hearing was continued multiple times and was ultimately set for a hearing via Google Meet at 9:00 a.m. on January 26, 2023.

A November 2, 2022 order from the Office of Administrative Hearings advised the parties of the new hearing date and how to connect to the hearing via Google Meet. The hearing was held via Google Meet on January 26, 2023.

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.

Complainant submitted an affidavit from Melissa Chacon, Legal Account Coordinator, in which she avowed that Complainant was owed the principal sum of $44,313.32 as of May 9, 2022.

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).

The copies of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

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 $44,313.32 for the rental of equipment.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $44,313.32 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 Cisco Equipment LLC’s License No: 325777 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $44,313.32 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $44,313.32 in certified funds, the Registrar may close the Complaint in Case No. 2022-03319.

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, February 2, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically or by mail to:

Jeffrey Fleetham, Director

Registrar of Contractors

Corey R. Feltre

KADISH ASSOCIATES LAW GROUP

[email redacted]

Edward J Marko

Marko Law PLLC

[email redacted]

By: OAH Staff-54864001

001

-137160-45720000