ALJDEC - Licensing
2023A-02210-NPC-ROC · Registrar of Contractors · 2023-12-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Arizona Tile, LLC,
COMPLAINANT,
v.
B O S S Flooring Solutions, LLC
License No. ROC 322961,
RESPONDENT.
No. 2023A-02210-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 7, 2023
APPEARANCES: Deanne Pereyda appeared on behalf of Complainant Arizona Tile, LLC. Josh Bell and Paul Molyneaux were also present on behalf of Complainant Arizona Tile, LLC. Respondent B O S S Flooring Solutions, LLC failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None offered; Administrative Notice of the Agency Record was taken
FINDINGS OF FACT
B O S S Flooring Solutions, LLC (“Respondent”) is the holder of License Number 322961 issued by the Arizona Registrar of Contractors (“Registrar”).
On or about February 21, 2023, Arizona Tile, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $11,888.09 for the materials that Complainant provided to Respondent for several of Respondent’s projects.
The parties were unable to resolve their differences. The Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10).
The hearing of this matter was initially scheduled to convene on May 15, 2023, at 9:00 a.m. On the date and time set for hearing, Deanne Pereyda appeared on behalf of Complainant. Paul Molyneaux, Josh Bell, and Christine Hefflefinger were also present on behalf of Complainant. Warren Wilmot appeared on behalf of Respondent. Prior to the commencement of the hearing, the parties participated in a prehearing discussion outside of the presence of the Administrative Law Judge. As a result of that discussion, the parties entered into a settlement agreement, however, needed additional time in which to execute the terms of that agreement. The Administrative Law Judge found good cause to continue the hearing and set the matter for a written Status Update due by August 14, 2023.
On August 14, 2023, Complainant filed a Motion to Continue and requested that the matter be reset for an additional Status Update in forty-five (45) days.
On August 15, 2023, the Tribunal issued an Order setting the matter for a Status Update due by September 29, 2023.
On October 2, 2023, Complainant requested that this matter be reset for hearing,
On October 4, 2023, the Tribunal issued to the parties at their respective email addresses of record, a Minute Entry Granting Continuance and Setting Hearing Via Google Meet. The Minute Entry advised the parties of the continued hearing date and time of December 7, 2023, at 9:00 a.m., and provided the correct Google Meet link for participation in the hearing either by video or phone.
On the date and at the time set for continued hearing, and after proper notice, Respondent failed to appear. After a grace period, the matter proceeded to hearing.
Ms. Pereyda testified that Complainant provided tile materials to Respondent for multiple jobs. Ms. Pereyda further testified that after the initial hearing setting, Respondent made two $500.00 payments, bringing the balance due and owing from Respondent to Complainant to $10,888.09. Ms. Pereyda testified that Complainant contacted Respondent multiple times to request payment on the outstanding balance, however, Respondent was not responsive to Complainant’s further requests for payment.
Because Respondent failed to appear for hearing, Respondent did not present any controverting evidence.
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 this matter is by a preponderance of the evidence.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.”
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 credible evidence presented at hearing established that Respondent owes a total of $10,888.09 for the materials provided by Complainant.
Respondent failed to appear, and as such, failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the services/materials provided.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $10,888.09 for services or materials 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 Respondent’s License Number 322961 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $10,888.09 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $10,888.09 in certified funds, the Registrar may close the Complaint in Case Number 2023-02210.
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, December 13, 2023.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Arizona Tile, LLC
8829 S. Priest Dr.
Tempe, AZ 85284-1905
[email redacted]
B O S S Flooring Solutions, LLC
7485 E. First St. B
Prescott Valley, AZ 86314
[email redacted]
By: OAH Staff