ALJDEC - Licensing
2022A-03873-NPC-ROC · Registrar of Contractors · 2023-06-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sunstate Equipment Co., LLC,
COMPLAINANT
v.
Donald Lee Thompson
DBA: Thompson Development Companies
License No. ROC 274213,
RESPONDENT
No. 2022A-03873-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 24, 2023
APPEARANCES: Complainant Sunstate Equipment Co. LLC, was represented by Edward J. Marko who appeared via Google Meet. Respondent Donald Lee Thompson failed to appear.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
Donald Lee Thompson (Respondent) is the holder of License No. 274213 issued by the Registrar of Contractors (Registrar).
On or about May 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 $41,183.47 for equipment rented by 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 April 19, 2023.
On or about February 20, 2023, Respondent submitted a Response to the Citation stating in pertinent part, “...There is no rebuttal 47,071.81 is accurate. The problem is: The invoices were turned in to the JIP Contractor who was supposed to pay al rental fees...”.
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 19, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
By order dated March 13, 2023, the parties were advised the hearing would be held via Google Meet, and was again mailed and emailed to Respondent at is addresses of record.
By order dated March 21, 2023, the hearing was continued to May 24, 2023 and was also mailed and emailed to Respondent at is addresses of record.
The hearing was held as scheduled on May 24, 2023. Richard Suess testified on behalf of Complainant and submitted six exhibits into evidence.
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. Suess testified that the total due to Complainant was $41,183.47 for the equipment rented to Respondent. Mr. Suess also testified that to his knowledge there was no problem with the equipment, and Respondent could have completed the work with the equipment he rented.
Finally, Mr. Suess testified that Respondent had failed to make any payments toward the invoices supplied with the Complaint.
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 $41,183.47 for the rented equipment. Respondent’s answer to the Complaint was not persuasive as there was no other evidence presented to support its claims.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $41,183.47 for equipment rented 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 Donald Lee Thompson’s License No: 274213 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $41,183.47 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $41,183.47 in certified funds, the Registrar may close the Complaint in Case No. 2022-10306.
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, June 8, 2023.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada, Director
Registrar of Contractors
Edward J Marko
Marko Law PLLC
14820 N Cave Creek Rd Ste 6
Phoenix, AZ 85032-4951
[email redacted]
[email redacted]
Donald Lee Thompson
Thompson Development Companies
22467 N 27th Ave Lot 4
Phoenix AZ 85027-1822
[email redacted]
By: OAH Staff