ALJDEC - Licensing
2023A-03098-NPC-ROC · Registrar of Contractors · 2023-08-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Dezert Gate Systems LLC,
COMPLAINANT
v.
McCurdy Construction LLC
License No. ROC 322920,
RESPONDENT
No. 2023A-03098-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 8, 2023
APPEARANCES: Tiffany Senft, Member, appeared on behalf of Dezert Gate Systems LLC. No representative appeared on behalf of Respondent.
ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio
FINDINGS OF FACT
McCurdy Construction LLC (Respondent) is the holder of License No. 322920 issued by the Registrar of Contractors (Registrar).
On or about March 14, 2023, Dezert Gate Systems LLC (Complainant) filed a complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $5,697.50 for gate construction materials and services.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for an alleged violation of Ariz. Rev. Stat. § 32-1154(A)(10).
Tiffany Senft testified on behalf of Complainant that the total due to Complainant at the time of complaint was $5,697.50. Ms. Senft testified in the months following the filing of the complaint and issuance of the citation, Respondent paid a total of $5,000.00 of the $5,697.50 due, leaving a balance of $697.50 outstanding.
Because no representative from Respondent appeared no testimony was given in support of Respondent at the hearing.
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.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.”
Ariz. Rev. Stat. § 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 failed to pay a total of $5,697.50 for gate construction materials and services when it was due.
Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $5,697.50 for services or materials rendered in connection with Respondent’s contracting business.
Because Respondent subsequently paid $5,000.00 of the total $5,697.50, the balance of $697.50 remains outstanding.
Based upon Respondent’s violation of the provisions of Ariz. Rev. Stat. § 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 McCurdy Construction LLC’s License No. 322920 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $697.50 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $697.50 in certified funds, the Registrar may close the complaint in Case No. 2023-03098.
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, August 28, 2023.
/s/ Brian Del Vecchio
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
McCurdy Construction LLC
[email redacted]
Dezert Gate Systems LLC
[email redacted]
By: OAH Staff