ALJDEC - Licensing
2023A-12407-NPC-ROC · Registrar of Contractors · 2024-01-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
White Cap,
COMPLAINANT,
v.
AZ Elite Builders, LLC
License No. ROC 336180,
RESPONDENT.
No. 2023A-12407-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 23, 2024
APPEARANCES: Yashica Dettman appeared on behalf of Complainant White Cap. Respondent AZ Elite Builders, LLC failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice of Agency Record
FINDINGS OF FACT
AZ Elite Builders, LLC (“Respondent”) is the holder of License Number 336180 issued by the Arizona Registrar of Contractors (“Registrar”).
On or about October 26, 2023, White Cap (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $23,750.77 for the construction materials and rental equipment that Complainant provided to Respondent for the Smith project.
The parties were unable to resolve their differences. The Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10).
On December 8, 2023, the Registrar issued to the parties at their respective mailing and email addresses of record, a Notice of Hearing that advised the parties of the scheduled hearing date and time of January 23, 2024, at 1:00 p.m.
On December 12, 2023, the Tribunal issued to the parties at their respective email addresses of record, an Order that advised the parties of the Google Meet link for participation in the hearing either by video or phone.
On the date and time set for hearing, Yashica Dettman, Credit Manager, appeared on behalf of Complainant. Notwithstanding proper notice, Respondent failed to appear. After a grace period, the matter proceeded to hearing.
Ms. Dettman testified that Respondent has been delinquent on past due invoices and notwithstanding multiple attempts to contact Respondent via phone, text, and email, Respondent has made no payments since September 1, 2023. Numerous invoices for the materials and supplies provided to Respondent on credit by Complainant, are contained in the agency record, of which Administrative Notice was taken.
Respondent failed to appear for hearing and therefore, did not present any controverting evidence.
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 this matter 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.”
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 credible evidence presented at hearing established that Respondent owed a total of $23,750.77 for the materials and equipment provided by Complainant.
Respondent failed to appear, and as such, failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the services/materials provided.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $23,750.77 for services or materials 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 Respondent’s License Number 336180 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $23,750.77 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $23,750.77 in certified funds, the Registrar may close the Complaint in Case Number 2023-12407.
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, January 30, 2024.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
AZ Elite Builders, LLC
[email redacted]
White Cap
[email redacted]
By: OAH Staff