ALJDEC - Licensing
2023A-08717-NPC-ROC · Registrar of Contractors · 2023-11-08
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
B-Line Transport LLC,
COMPLAINANT
v.
Digger-Dan's Dirtworks LLC
License No. ROC 344888,
RESPONDENT
No. 2023A-08717-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 31, 2023
APPEARANCES: Kara Mullett appeared via Google Meet on behalf of B-Line Transport LLC. No representative for Respondent Digger-Dan’s Dirtworks LLC appeared.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
First American Contracting LLC (Respondent) is the holder of License No. 344888 issued by the Registrar of Contractors (Registrar).
On or about July 31, 2023, B-Line Transport LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $9,000.80 for concrete breaking, hauling and dumping services.
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 August 17, 2023.
On September 1, 2023, Respondent e-mailed a Response to the Citation stating among other things, that Complainant did not complete the contract.
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 October 31, 2023. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
By order dated September 14, 2023, the parties were advised the hearing would be held via Google Meet.
The hearing was held as scheduled on October 31, 2023. Ms. Mullett appeared on behalf of Complainant and submitted 33 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. Mullett testified that the parties entered into a contract whereby Petitioner would send a truck and a drive to break, load and haul concrete from a jobsite on which Respondent was working.
Further, Ms. Mullett testified that from approximately January 23 through March 6, 2023, her company performed under the contract, and had not been paid. The total due to Complainant was $9,000.80.
Ms. Mullett testified that she submitted each invoice to Respondent and that Respondent had reviewed the same.
Finally, Ms. Mullett testified that she reached out to the General Contractor on the project and that he e-mailed her informing her that he had fully paid Respondent for its portion of the job.
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 $9,000.80 for the services supplied.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $9,000.80 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 First American Contracting LLC’s License No: 344888 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $9,000.80 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $9,000.80 in certified funds, the Registrar may close the Complaint in Case No. 2021-00782.
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 8, 2023.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
B-Line Transport LLC
3932 E Vest Avenue
Gilbert, AZ 85295
[email redacted]
Digger-Dan's Dirtworks LLC
463 N Boyd Rd
Apache Junction, AZ 85119
[email redacted]
By: OAH Staff