ALJDEC decisions subject to certification as final
2022A-07714-OMC-LS-ROC · Registrar of Contractors · 2022-10-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Arizona Registrar of Contractors
COMPLAINANT,
v.
Lions Granite LLC
License No. ROC 254863,
RESPONDENT.
No. 2022A-07714-OMC-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: September 22, 2022
APPEARANCES: Assistant Attorney General Justin Larson appeared on behalf of the Arizona Registrar of Contractors (ROC). No one appeared on behalf of Respondent Lions Granite, LLC (LG).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
On September 8, 2022, the ROC issued an Order of Summary Suspension and Promptly Instituted Proceedings (Order) setting the above-captioned matter for hearing at 9:00 a.m., on September 22, 2022 at the Office of Administrative Hearings.
No representative appeared for LG at the scheduled time and the hearing was convened in its absence at about 9:15 a.m. on September 22, 2022.
In the Order, the ROC presented its determination that the public welfare imperatively required emergency action and it summarily suspended LG’s license. Citing Ariz. Rev. Stat. § 41-1092.11(B) and State v. Trujillo, 248 Ariz. 473 (2020).
The order provided a Statement of Facts and Conclusions of Law in which ROC alleged that LG had violated Ariz. Rev. Stat. section 32-1154(A)(7).
LG holds a CR-5 restricted license, (license number 254863), issued by the ROC.
Cirilo De Leon is named on the license as the sole owner and qualifying party. See Exhibit 1.
On June 28, 2021, the State of Arizona charged Mr. De Leon with Child Sex Trafficking (a class 2 felony), Attempted Sexual Conduct With a Minor (a class 1 misdemeanor), and Money Laundering (A class 3 felony). See Exhibits 2 and 3.
On June 28, 2022, Mr. De Leon pled guilty to Attempted Child Sex Trafficking, a class 3 felony with sex offender registration. See Exhibits 2 and 3.
Mr. De Leon agreed to pay an undercover officer posing as a sixteen year old female money, in exchange for sex. See Exhibit 4.
On August 9, 2022, the court sentenced Mr. De Leon to three days in jail, lifetime probation, and sex offender registration. See Exhibit 5.
As part of his sex offender registration, Mr. De Leon is prohibited from having contact with any minor child. See Exhibit 5.
Because of this public safety issue and to protect the public welfare by eliminating the risk that other consumers would enter contracts with LG, the Registrar issued its Order summarily suspending LG’s license.
At hearing, the ROC presented the testimony of Robert Stirling, Assistant Chief Counsel of the ROC, and submitted exhibits 1 through 7.
CONCLUSIONS OF LAW
“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G) (2).
Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
A preponderance of the evidence is:
The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Black’s Law Dictionary 1373 (10th ed. 2014).
Ariz. Rev. Stat. section 32-1154(A) provides:
The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions:
*****
Conviction of a felony.
Ariz. Rev. Stat. section 41-1092.11(B) provides:
Revocation, suspension, annulment or withdrawal of any license is not lawful unless, before the action, the agency provides the licensee with notice and an opportunity for a hearing in accordance with this article. If the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the agency may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Statutes should be interpreted to provide a fair and sensible result. Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)(citation omitted); State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968) ("Courts will not place an absurd and unreasonable construction on statutes.").
“Statutes shall be liberally construed to effect their objects and to promote justice.” Ariz. Rev. Stat. § 1-211(B).
The purpose of the ROC’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors. See Aesthetic Property Maintenance v. Capital Indem. Corp., 183 Ariz. 74, 900 P. 2d 1210 (1995).
The undisputed evidence shows that Mr. De Leon has been convicted of two felonies. Furthermore, Mr. De Leon was sentenced to sex offender registration.
The preponderance of the evidence shows that the ROC’s decision to summarily suspend Respondent’s license pursuant to Ariz. Rev. Stat. § 41-1092.11(B) was proper.
ORDER
IT IS ORDERED that the ROC’s Order of Summary Suspension is upheld.
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 is forty days after the date of that certification.
Done this day, October 12, 2022.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
Justin Larson
Assistant Attorney General
Office of the Attorney General
2005 N. Central Ave.
Phoenix, AZ 85004-1592
[email redacted]
Lions Granite, LLC
4630 N. 54th Ave
Phoenix, AZ 85031
[email redacted]
By Miranda Alvarez
Legal Secretary