ALJDEC - Licensing

2023A-11986-NPC-ROC · Registrar of Contractors · 2024-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Tile LLC,

COMPLAINANT

v.

Bjelde Construction LLC

License No. ROC 260364,

RESPONDENT

No. 2023A-11986-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 25, 2024 and August 9, 2024

APPEARANCES: At the January 25, 2024 hearing, Deanna Pereyda appeared on behalf of Complainant. Lyle Nils Bjedle appeared on behalf of Respondent. At the August 9, 2024 hearing, neither party appeared.

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.

_____________________________________________________________________

FINDINGS OF FACT

Bjelde Construction LLC (Respondent) is the holder of License No. 260364 issued by the Registrar of Contractors (Registrar).

On or about October 13, 2024, Arizona Tile LLC (Complainant) filed a complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,162.23 for products that Respondent had purchased from Complainant.

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).

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 January 25, 2024. The hearing begun and testimony was partially taken from Complainant. During the hearing, the parties came to a contingent agreement and the hearing was set for a status update on April 26, 2024. On May 21, 2024, the Office of Administrative Hearings received a request to set a second hearing because Respondent had only made two payments and Complainant was unable to reach Respondent any further.

The hearing was subsequently continued to August 9, 2024.

On May 23, 2024 an order from the Office of Administrative Hearings advised the parties of the new hearing date and time and how to connect to the hearing via Google Meet. The hearing was continued via Google Meet on August 9, 2024.

Neither Complainant nor Respondent requested that the hearing be continued. Although the hearing was delayed 15 minutes, neither Complainant nor Respondent appeared through an authorized member, employee, or attorney at the hearing. Consequently, Respondent did not present any evidence to defend its license and this decision is based solely on testimony taken at the January 25, 2024 hearing.

At the January 25, 2024 hearing, Deanna Pereyda testified on behalf of Complainant. Ms. Pereyda testified that the total due to Complainant was $4,162.23. Ms. Pereyda testified with regard to the outstanding invoices related to the “Capelo” and “Kaleikilo” projects. The documentation provided also showed a job completed at “McCormick,” though no testimony was taken on this project. Prior to being able to testify regarding “McCormick,” Lyle Nils Bjelde, on behalf of Respondent, interjected and stated that he “was not against this at all” and that “the payment was owed to them.” Respondent further stated that he owed the money, and wanted to pay the money back to Complainant, but had run into some unexpected issues.

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.

Respondent’s revoked license does not deprive Complainant of its right to prosecute its Complaint or prevent the Registrar from determining the merits of the complaint.

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 $4,162.23 for the purchase of sprinkler supplies.

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 $4,162.23 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 Premier Remediation Services LLC’s License No. 260364 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $4,162.23 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,162.23 in certified funds, the Registrar may close the Complaint in Case No. 2023-11986.

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 29, 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