ALJDEC - Licensing
2024A-00739-NPC-ROC · Registrar of Contractors · 2024-04-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Enrique's Carpet LLC,
COMPLAINANT
v.
HEALTHY HOME FLOORING LLC
License No. ROC 328401,
RESPONDENT
No. 2024A-00739-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: April 17, 2024
APPEARANCES: Enrique Locano, Owner and Qualifying Party, appeared on behalf of Complainant Enrique’s Carpet LLC. Respondent HEALTHY HOME FLOORING LLC did not appear.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
EXHIBITS ADMITTED INTO EVIDENCE: Administrative Notice was taken of the Hearing Packet submitted by the Registrar of Contractors.
FINDINGS OF FACT
HEALTHY HOME FLOORING LLC (Respondent) is the holder of License No. 328401 issued by the Registrar of Contractors (Registrar).
On or about January 18, 2024, Enrique’s Carpet LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $8,180.00 for services 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 A.R.S. § 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 1:00 p.m. on April 17, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
An April 10, 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 April 17, 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. Locano testified that the total due to Complainant was $8,180.00. Mr. Locano maintained that Complainant was not paid anything for any of the work performed for Respondent.
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. See A.A.C. R2-19-119.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
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 evidence established that Respondent owed a total of $8,180.00 for services rendered.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $8.180.00 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 No. 328401 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $8,180.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $8,180.00 in certified funds, the Registrar may close the Complaint in Case No. 2024-00739.
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 29, 2024.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
HEALTHY HOME FLOORING LLC
[email redacted]
Enrique's Carpet LLC
[email redacted]
By: OAH Staff