ALJDEC - Licensing

2023A-08343-NPC-ROC · Registrar of Contractors · 2023-11-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Fox Roofing, LLC,

COMPLAINANT

v.

Skyland Roofing LLC

License No. ROC 329159,

RESPONDENT

No. 2023A-08343-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 31, 2023

APPEARANCES: Siria Leon, Owner, appeared on behalf of Complainant Fox Roofing, LLC. Vanessa Larios, Owner, appeared on behalf of Respondent Skyland Roofing, LLC. Mark Canas, Spanish interpreter, also appeared.

ADMINISTRATIVE LAW JUDGE: Amy M. Haley

_____________________________________________________________________

FINDINGS OF FACT

Skyland Roofing, LLC (Respondent) is the holder of License No. 329159 issued by the Registrar of Contractors (Registrar).

On or about July 24, 2023, (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $9,678.00 for roofing work provided.

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).

The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

Mrs. Leon testified that the total due to Complainant was $9,678.00. The amount was due for services rendered, specifically, complete roof replacements on three separate properties, that were all completed prior to June 17, 2023 and June 30, 2023.

Mrs. Leon testified that all of the contracts were entirely verbal and that the submitted invoices, Exhibits 1, 2, and 3, were created for purposes of the filing of the Complaint with the Registrar.

Mrs. Leon further testified that she had attempted to work with Respondent with regards to its ability to pay the outstanding debt, but ultimately none of the promises to pay ever came to fruition.

Ms. Larios testified and acknowledged that Respondent had a responsibility to pay its debt, but that it had fallen on hard financial times. She stated that it did not negate, however, its obligation to pay its debts to Complainant. Finally, she stated that it was always the Respondent’s intention to pay Complainant and takes full responsibility. Finally, Respondent did not contest the amount due.

While Respondent asserted that it lacked the capacity to pay the amount Complainant asserted was due, Respondent did not provide any proof to that effect.

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 owed a total of $9,678.00 for roofing work performed for Respondent.

Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.

Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $9,678.00 for services or materials rendered in connection with Respondent’s contracting business.

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 Skyland Roofing LLC’s License No. 329159 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $9,678.00 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $9,678.00 in certified funds, the Registrar may close the Complaint in Case No. 2023-08343.

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, November 1, 2023.

/s/ Amy M. Haley

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

Skyland Roofing LLC

2204 E Sunland Vista

Tucson, AZ 85713

[email redacted]

Fox Roofing, LLC

3128 N Fontana Ave

TUCSON, AZ 85705

[email redacted]

By: OAH Staff