ALJDEC - Licensing

2024A-04126-NPC-ROC · Registrar of Contractors · 2024-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sprinkler World Of AA,

COMPLAINANT

v.

Premier Remediation Services LLC

License No. ROC 296649,

RESPONDENT

No. 2024A-04126-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 3, 2024 and August 12, 2024

APPEARANCES: Complainant failed to appear. Respondent failed to appear.

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

Premier Remediation Services LLC (Respondent) is the holder of License No. 296649 issued by the Registrar of Contractors (Registrar).

On or about April 9, 2024, Sprinkler World of AZ (Complainant) filed a complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $5,030.00 for products that Respondent had purchased from Complainant. Complainant subsequently amended the complaint to add additional amounts that were owed, which was received by the Registrar on April 11, 2024.

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 July 3, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record. A May 29, 2024 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing began via Google Meet on July 3, 2024. Dawn Benson appeared on behalf of Complainant. Respondent failed to appear.

The hearing was subsequently continued to August 12, 2024 in order for Complainant to be afforded time to submit supporting documentation for the total amount claimed.

On July 10, 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 12, 2024.

At the August 12, 2024 hearing, 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 either hearing. Consequently, Respondent did not present any evidence to defend its license and this decision is based solely on testimony taken at the July 3, 2024 hearing.

At the July 3, 2024 hearing, Complainant testified that the total due to Complainant was $25,564.42 for the purchase of sprinkler supplied. Complainant submitted documents supporting an outstanding balance of $13,795.68. This total is calculated from the outstanding balance of $8,795.68 and the $5,000.00 that was paid by check #1936 because check #1936 was ultimately rejected for insufficient funds, and therefore also remained outstanding.

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 suspended 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 $13,795.68 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 $13,795.68 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. 296649 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $13,795.68 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $13,795.68 in certified funds, the Registrar may close the Complaint in Case No. 2024-04126.

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