ALJDEC - Licensing
2024A-07525-NPC-ROC · Registrar of Contractors · 2025-07-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
White Cap LP,
COMPLAINANT,
v.
Aceves Landscape And Out Door Living
LLC, License No. ROC 321566,
RESPONDENT.
No. 2024A-07525-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 30, 2025.
APPEARANCES:
For Complainant: Yashica Dettman.
For Respondent: Failed to appear.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Notice of Hearing Packet submitted by the Registrar of Contractors. Complainant’s Exhibits.
_____________________________________________________________________
FINDINGS OF FACT
Aceves Landscape and Out Door Living, LLC, (Respondent) was the holder of License No. 321566 issued by the Arizona Registrar of Contractors (Registrar) on September 4, 2018.
White Cap LP (Complainant) performed work for Respondent and issued invoices for that work.
On or about July 2, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent owed Complainant $ 30,772.19.
On or about July 10, 2024, the Registrar notified Respondent that it had received a complaint from Complainant.
On August 6, 2024, the Registrar issued a Citation, alleging that Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(10). Respondent timely submitted an Answer on August 20, 2024, claiming monetary issues with the business and non-payment by some customers.
The matter was referred to the Office of Administrative Hearings (OAH) for an administrative hearing. The Notice of Hearing was issued on September 10, 2024, setting the hearing for October 25, 2024. The hearing was reset for March 18, 2025, and again for June 30, 2025.
Respondent appeared on March 18, 2025, when no evidence was taken, but Respondent failed to appear on June 30, 2025. Respondent has not contacted OAH since the hearing date.
Complainant’s witness testified that some payments had been made and that Respondent still owed $14,528.38.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction.
Respondent was deemed to have received the Notice of Hearing by methods reasonably calculated to effect notice. OAH sent the order setting the continued hearing date to Respondent at its email address of record, where Respondent had received previous notices.
Complainant bore the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. Respondent bore the burden of proof to establish an affirmative defense 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,
[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 preponderance of the evidence established that Respondent violated A.R.S. § 32-1154(A)(10) as alleged. Complainant established that $14,528.38 was due for materials or services rendered to Respondent in connection with Respondent’s operations as a licensed contractor.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Order, the Registrar shall suspend Respondent’s License No. 321566 until Respondent has paid $14,528.38 to Complainant and provided proof of such payment to the Registrar.
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, July 18, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
White Cap LP
[email redacted]
Aceves Landscape And Out Door Living LLC
[email redacted]
By: OAH Staff