ALJDEC decisions subject to certification as final
2023A-10605-NPC-ROC · Registrar of Contractors · 2024-02-15
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Tucson Winsupply Co,
COMPLAINANT
v.
Madero Plumbing, LLC
License No. ROC 328720,
RESPONDENT
No. 2023A-10605-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 29, 2024
APPEARANCES: Chris Allen appeared on behalf of Complainant. Jobita Mora appeared on behalf of Respondent.
ADMINISTRATIVE LAW JUDGE: Amy M. Haley
EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice was taken of the Notice of Hearing packet and all of its documents contained therein.
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FINDINGS OF FACT
Madero Plumbing, LLC (Respondent) is the holder of License No. 328720 issued by the Registrar of Contractors (Registrar).
On or about September 11, 2023, Tucson Winsupply Co. (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $15,195.99 for outstanding invoices from the purchase of wholesale plumbing parts.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for alleging a possible violation of Ariz. Rev. Stat. § 32-1154(A)(10).
Ckayle Godby, area credit manager for Complainant, testified that the total due to Complainant was $15,195.99. She further testified regarding her attempts to collect the amount owed, and ultimately to referring the matter to Burt & Associates, Complainant’s collection agency.
Jennifer Madison, office manager for Complainant, testified that she set up Respondent’s account. She further testified that Respondent had originally made some payments, but then ceased all payments and became unresponsive.
Jobita Mora, owner, testified on behalf of Respondent. Ms. Mora did not assert that it lacked the capacity to pay the amount Complainant asserted was due. Rather, Ms. Mora testified that all statements made by Complainant were true, that Respondent owed the outstanding debt, and that Respondent had every intention on paying it back.
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.
Respondent conceded the amount owed of $15,195.99 and the duty to pay the amount owed.
Complainant supplied all invoices in support of the amount owed of $15,195.99, all of which is principle amounts due only.
Thus, the evidence established that Respondent owed a total of $15,195.99 for the purchase of wholesale plumbing supplies.
Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $15,195.99 for 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 Respondent’s License No. 328720 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $15,195.99 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $15,195.99 in certified funds, the Registrar may close the Complaint in Case No. 2023-10605.
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.
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-137160-45720000Done this day, February 15, 2024.
/s/ Amy M. Haley
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
By: OAH Staff