ALJDEC - Licensing

2022A-11431-NPC-ROC · Registrar of Contractors · 2023-03-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

RPM MARBLE, LLC,

COMPLAINANT,

v.

Professional Contracting Services LLC,

License No. ROC 326555,

RESPONDENT.

No. 2022A-11431-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 14, 2023.

APPEARANCES: No person appeared on behalf of Complainant RPM MARBLE, LLC. Shea Doerfler, Owner and Qualifying Party, appeared on behalf of Respondent Professional Contracting Services LLC

ADMINISTRATIVE LAW JUDGE: Kay Abramsohn

____________________________________________________ _________________

FINDINGS OF FACT

Professional Contracting Services LLC (Respondent) is the holder of License No. 326555 issued by the Registrar of Contractors (Registrar) on October 17, 2019. The license is renewed through October 31, 2023.

On or about December 5, 2022, RPM Marble LLC (Complainant) filed a Non-Payment Complaint (Complaint) with the Registrar against Respondent alleging that Respondent had failed to pay Complainant the sum of $6,169.52 for installation of their products.

The parties were unable to resolve their differences at that time. Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10).

Respondent’s written answer contains the background of this matter. Respondent had previously hired Complainant to install countertops and sinks on a new home project. After issues arose with the workmanship, near the end of November 2022, Respondent requested that Complainant return to fix several items and indicated Respondent would pay Complainant once the items were corrected.

On December 5, 2022, Respondent had filed a workmanship complaint with the Registrar with regard to Complainant’s workmanship on the project. After receiving a January 10, 2023 Directive from the Registrar, Complainant completed the work.

Respondent paid Complainant on January 19, 2023, and obtained a lien waiver from Complainant’s general manager.

On February 7, 2023, the Registrar issued a Notice of Hearing setting the mater for administrative hearing on March 14, 2023.

At the time of the March 14, 2023 hearing, Complainant failed to appear and proceed with the instant Complaint.

At the hearing, Respondent’s Owner gave sworn testimony regarding the payment of the Complainant’s invoices on January 19, 2023.

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.

By failing to appear and present any evidence to the contrary, the evidence of record established that Respondent paid Complainant on the subject invoices. Further, Complainant failed to establish that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $6,169.52 for services and materials rendered in connection with Respondent’s contracting business. Therefore, no grounds exist to impose discipline on Respondent’s license under provisions of A.R.S. § 32-1154(A)(10).

RECOMMENDed order

Based on the foregoing, it is recommended that the Registrar dismiss Complainant’s Complaint.

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 Administrative Law Judge Decision. If the licensee accepts the Administrative Law Judge Decision, the Administrative Law Judge 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 22, 2023.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Professional Contracting Services LLC

[email redacted]

RPM MARBLE, LLC

[email redacted]

Martín Quezada, Registrar

Registrar of Contractors

c/o Legal Department

[email redacted]

By: OAH Staff