ALJDEC - Licensing
2022A-10306-NPC-ROC · Registrar of Contractors · 2023-03-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Matt Brown Trucking,
COMPLAINANT
v.
Donald Lee Thompson
DBA: Thompson Development Companies
License No. ROC 274213,
RESPONDENT
No. 2022A-10306-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 26, 2021
APPEARANCES: Tina Bartell appeared via Google Meet on behalf of Complainant Matt Brown Trucking. 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 November 1, 2022, Matt Brown Trucking (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $847.90 for ABC rock/gravel delivered 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 January 4, 2023.
On or about January 16, 2023, Respondent submitted a Response to the Citation stating, “I do the order it was made by the on-site supervisor.” Respondent also requesting “90 + days to give me a chance to pay.”
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 March 16, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
By order dated February 8, 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.
The hearing was held as scheduled on March 16, 2023. Tina Bartell appeared on behalf of Complainant and submitted four 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.
Ms. Bartell testified that the total due to Complainant was $847.90 for the ABC material supplied to Respondent.
Ms. Bartell testified that Respondent had failed to make any payments toward invoice #48121.
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 $847.90 for the materials supplied.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $847.90 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 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 $847.90 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $847.90 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, March 23, 2023.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted electronically to:
Martín Quezada, Director
Registrar of Contractors
Matt Brown Trucking
36310 N 26th Pl
Cave Creek, AZ 85331
[email redacted]
Donald Lee Thompson
Thompson Development Companies
22467 N 27th Ave Lot 4
Phoenix AZ 85027-1822
[email redacted]
By: OAH Staff