ALJDEC - Licensing
2023A-11710-NPC-ROC-RHG · Registrar of Contractors · 2025-04-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Dynamic Fencing and Fabrication, LLC
COMPLAINANT,
v.
DirtWorks Contracting, Inc.
License No. ROC 318883,
RESPONDENT.
No. 2023A-11710-NPC-ROC-RHG
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 31, 2025
APPEARANCES: James St. Clair, Esq. appeared on behalf of Dynamic Fencing and Fabrication LLC. No one appeared on behalf of DirtWorks Contracting, Inc. (hereinafter “DirtWorks”).
ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson
_____________________________________________________________________
FINDINGS OF FACT
The Registrar issued a Final Administrative Decision and Order on March 1, 2024, finding that Respondent violated Arizona Revised Statutes (hereinafter “A.R.S.”) § 32-1154(A)(10) by failing to pay $10,866.21 to Complainant, and suspending its license until it pays that amount to Complainant. The suspension was imposed beginning April 11, 2024.
Respondent timely appealed pursuant to A.R.S. § 12-901 et seq., under Maricopa County Superior Court Case No. LC2024-000124-001.
The Registrar entered its appearance as a nominal party.
On January 21, 2025, Judge Joseph P. Mikitish of the Superior Court of Arizona, Maricopa County, in case number LC2024-000124-001 DT, remanded the matter to the Arizona Registrar of Contractors (hereinafter “ROC”). The matter was remanded to the ROC pursuant to A.R.S. § 12-911(A)(7), for the sole purpose of assessing, “the additional evidence raised by Dirtworks purporting to establish that Dirtworks lost substantial funds due to embezzlement, and that loss caused Dirtworks to be unable to pay Dynamic Fencing according to the parties’ agreements.” Judge Mikitish further ordered that the Registrar “should also determine the existence of other elements necessary to establish a defense pursuant to the statute.”
On February 27, 2025, a Notice of Rehearing on Contested Case was issued to all parties setting the above-entitled matter, (Case No. 2023A-11710-NPC-ROC-RHG), for rehearing on March 31, 2025 at 9:00 a.m.
No one appeared on behalf of DirtWorks at the rehearing. Consequently, the hearing was not convened, and no evidence was taken.
CONCLUSIONS OF LAW
By failing to appear at the hearing, DirtWorks did not meet the burden to present evidence in support of the affirmative defense that it was unable to pay Complainant. See A.R.S. § 32-1154 (A)(10) and Arizona Administrative Code R2-19-119 (B)(2).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, the February 2, 2024 Recommended Decision of Administrative Law Judge Kay Abramsohn in case no. 2023A-11710-NPC-ROC be accepted.
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, April 21, 2025.
/s/ Velva Moses-Thompson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole
Director
Registrar of Contractors
James A. St. Clair, Esq.
[email redacted]
Dynamic Fencing and Fabrication LLC
[email redacted]
DirtWorks Contracting, Inc.
[email redacted]
By: OAH Staff