ALJDEC - Licensing

2024A-01627-NPC-ROC · Registrar of Contractors · 2024-08-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Core Commercial Shotcrete LLC,

COMPLAINANT,

v.

ICHIBAN SERVICES LLC

DBA: Aqua Allure

License No. ROC 333228,

RESPONDENT.

No. 2024A-01627-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 21, 2024.

APPEARANCES: Adam Coarrasco appeared for Complainant. Brian Walters appeared for Respondent.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

FINDINGS OF FACT

On August 21, 2024, the Parties convened for a hearing in the above-entitled matter.

The Parties agreed that all amounts owed by Respondent to Complainant had been paid, and no evidence was entered into the record.

CONCLUSIONS OF LAW

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.

All monies having been paid, no grounds are found to exist to impose discipline against Respondent’s license under A.R.S. § 32-1154(A)(10).

RECOMMENDed order

Based on the foregoing, it is recommended that on the effective date of the Registrar’s Order, Complainant’s complaint be dismissed.

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 21, 2024.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

c/o Legal Department

[email redacted]

ICHIBAN SERVICES LLC

[email redacted]

Core Commercial Shotcrete LLC

[email redacted]

By: OAH Staff