ALJDEC - Licensing
2022A-03449-NPC-ROC · Registrar of Contractors · 2023-02-14
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Manny's Dump Truck Service LLC,
COMPLAINANT
v.
A&B Landscaping and Yard Maintenance LLC
License No. ROC 301121,
RESPONDENT
No. 2022A-03449-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 22, 2022 and January 31, 2023
APPEARANCES: Manuel Navarro appeared at both hearings on behalf of Complainant. Alexandra Martinez appeared on behalf of Respondent at the hearing on July 22, 2022. No representative from Respondent appeared at the hearing on January 31, 2023.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
A&B Landscaping and Yard Maintenance LLC (Respondent) is the holder of License No. 301121 issued by the Registrar of Contractors (Registrar).
On or about April 25, 2022, Manny’s Dump Truck Service LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $7,563.15 for equipment and services provided 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) on May 13, 2022.
On May 6, 2022, Respondent e-mailed a Response to the Citation.
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 July 22, 2022. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
Prior to the commencement of the hearing on July 22, 2022, the parties agreed that Respondent would pay a minimum of $500.00 on the first of each month. Administrative Law Judge Thomas Shedden memorialized the parties’ agreement via Order on July 25, 2022, and informed the parties that by August 1, 2023, the parties were to submit a status report.
On or about November 15, 2022, Complainant filed a request for hearing as Respondent had failed to pay per the terms of the agreement.
A minute entry was issued on November 16, 2022 setting a hearing on January 31, 2023.
At the hearing, the Tribunal waited for fifteen minutes, but Respondent failed to appear. Because Respondent did not appear through an authorized member, employee, or attorney, Respondent did not present any evidence to defend its license.
Mr. Navarro testified that the total due to Complainant was now $2,063.15 for equipment supplied to Respondent.
Mr. Navarro also testified that Respondent made the first two payments according to the agreement, but then there were months with no payment or the incorrect amount or after the first of the month.
Mr. Navarro testified that the last payment received was in December 2022 in the amount of $1,500.00.
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 $2,063.15 for equipment supplied.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $2,063.15 for equipment 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 First American Contracting LLC’s License No: 301121 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $2,063.15 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $2,063.15 in certified funds, the Registrar may close the Complaint in Case No. 2022-03449.
Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.
In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.
Done this day, February 14, 2023.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted electronically to:
Martín Quezada, Director
Registrar of Contractors
Manny's Dump Truck Service LLC
3845 N Durham Dr
Chino Valley, AZ 86323
[email redacted]
A&B Landscaping and Yard Maintenance LLC
4777 N Stallion Dr
Prescott Valley, AZ 86314
[email redacted]
By: OAH Staff