ALJDEC - Licensing
2023A-13375-NPC-ROC · Registrar of Contractors · 2024-05-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Landpros Landscape Management LLC,
COMPLAINANT
v.
Signature Exteriors LLC
License No. ROC 326200,
RESPONDENT
No. 2023A-13375-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 15, 2024
APPEARANCES: Ladd Elwood, Owner and Qualifying Party, appeared on behalf of Complainant Landpros Landscape Management LLC. Respondent did not appear.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Hearing Packet submitted by the Arizona Registrar of Contractors. Complainant’s Exhibit A was admitted.
_____________________________________________________________________
FINDINGS OF FACT
Signature Exteriors LLC (Respondent) is the holder of License No. 326200 issued by the Registrar of Contractors (Registrar).
On or about November 20, 2023, Landpros Landscape Management LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $15,796.05 for work performed.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged 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 May 15, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
An April 30, 2024 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on May 15, 2024.
Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license
Mr. Elwood testified that the total due to Complainant was $15,796.05. Mr. Elwood stated he had no contract from Respondent since the date of the complaint.
At approximately 1:44 p.m. on May 15, 2024, Respondent submitted a request for rehearing in which Chris Newington stated that he had erroneously calendared the hearing at 1:00 p.m. rather than at 9:00 a.m. Respondent failed to provide good cause for its failure to attend the hearing at the scheduled time.
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.
The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing.
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 $15,796.05 for services rendered.
Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $15,796.05 for services or 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. 326200 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $15,796.05 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $15,796.05 in certified funds, the Registrar may close the Complaint in Case No. 2023-13375.
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, May 21, 2024.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Landpros Landscape Management LLC
[email redacted]
Signature Exteriors LLC
[email redacted]
By: OAH Staff