ALJDEC - Licensing
2024A-07081-NPC-ROC · Registrar of Contractors · 2024-11-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
JD's Pumping,
COMPLAINANT,
v.
Mr. McQ's, LLC
DBA: MCQUALITY HOMES
License No. ROC 333800,
RESPONDENT.
No. 2024A-07081-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 13, 2024
APPEARANCES: Mary Heck and Peggy Heck appeared on behalf of Complainant JD’s Pumping. Respondent Mr. McQ’s, LLC, doing business as McQuality Homes, failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record
FINDINGS OF FACT
Mr. McQ’s, LLC, doing business as McQuality Homes (“Respondent”), is the holder of License Number 333800 issued by the Arizona Registrar of Contractors (“Registrar”).
In or about June 2024, JD’s Pumping (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,544.39 for the provision of equipment and personnel to pump concrete provided by Respondent, for projects located in Prescott and Prescott Valley, Arizona.
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).
The matter was set for administrative hearing before the Office of Administrative Hearings on November 13, 2024, at 10:00 a.m., pursuant to a Notice of Hearing that was issued by the Registrar on September 27, 2024. Also on September 27, 2024, the Tribunal issued to the parties an Order Setting Hearing Via Google Meet. The Order contained the correct Google Meet link for the parties to participate in the hearing either by video or by phone. The Order was sent to Respondent’s email address of record with the Registrar.
On the date and at the time set for hearing, and after proper notice, Respondent failed to appear. After a grace period, the matter proceeded to hearing.
Peggy Heck, Complainant’s Office Manager, testified that the equipment and services were provided to Respondent from June 21, 2022, through December 22, 2022, and Complainant sent a total of nine invoices to Respondent. Since the filing of the Complainant, Respondent has paid six of the nine invoices on July 31, 2024, leaving an outstanding balance of $1,622.42. Ms. Heck testified that the following invoices remain unpaid:
Invoice Number 22648, dated November 22, 2022, in the amount of $209.95;
Invoice Number 22517, dated November 3, 2022, in the amount of $393.31;
Invoice Number 22090, dated September 27, 2022, in the amount of $1,019.16
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:
Failure 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 continues to owe a total of $1,622.42 for the services and equipment provided by Complainant. Respondent failed to appear, and therefore failed to establish that it lacked the capacity to pay Complainant and that it has not received sufficient monies as payment for the project for which the services or materials were rendered or purchased.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $1,622.42 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 333800 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $1,622.42 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $1,622.42 in certified funds, the Registrar may close the Complaint in Case Number 2024-07081.
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, November 21, 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
[email redacted]
JD's Pumping, LLC
[email redacted]
Mr. McQ's LLC
DBA: MCQUALITY HOMES
[email redacted]
By: OAH Staff