ALJDEC - Licensing
2024A-07576-NPC-ROC · Registrar of Contractors · 2024-11-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Prescott Winsupply Co.,
COMPLAINANT,
v.
City Plumbing & Rooter Corp
License No. ROC 339781,
RESPONDENT.
No. 2024A-07576-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 17, 2024.
APPEARANCES:
For Complainant: Troy Lemmon
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
City Plumbing & Rooter Corp (Respondent) was the holder of License No. 339781, issued by the Arizona Registrar of Contractors (Registrar) on July 29, 2022.
On or about January 18, 2024, Respondent entered contracts with Prescott Winsupply Co. (Complainant) for the sale of plumbing parts.
On or about July 10, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay 11 invoices, amounting to $8,796.29.
On August 6, 2024, the Registrar issued a Citation alleging Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(10).
Respondent filed an answer to the Citation on or around August 21, 2024, claiming that it didn’t have records of the alleged invoices.
The Notice of Hearing was issued on August 30, 2024, setting the hearing for October 17, 2024, at 9:00 AM.
The matter was referred to the Office of Administrative Hearings for an administrative hearing, and the Office issued an Order of Virtual Hearing on September 16, 2024, to the email addresses of record.
A virtual hearing was held on October 17, 2024.
At hearing, Complainant presented the testimony of Troy Lemmon. Respondent failed to appear. Respondent had not contacted the Office of Administrative Hearings as of the date of this decision.
Complainant testified that the amount currently owed was correctly stated on the complaint and the work had been completed.
Signatures on some of the invoices appear to be the same as that on the Answer.
Respondent did not provide any evidence.
Administrative notice was taken of Respondent’s prior License record on October 30, 2024. According to that record, Respondent’s License No. 339781 was active and had one open complaint no discipline.
CONCLUSIONS OF LAW
Respondent was deemed to have received the Notice of Hearing by methods reasonably calculated to effect notice. The Registrar mailed copies of the Notice of Hearing on Contested Case to Respondent’s address and email address of record, and the Office of Administrative Hearings sent the order setting the continued hearing date to Respondent at its email address of record.
This matter lies within the Registrar’s jurisdiction.
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.
Statutes should be interpreted to provide a fair and sensible result and “be liberally construed to effect their objects and to promote justice.”
The preponderance of the evidence established that Respondent owed $8,796.29 to Complainant in violation of A.R.S. § 32-1154(A)(10).
RECOMMENDED ORDER
It is recommended that the Registrar suspend Respondent’s License Number 339781 until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $8,796.29 in certified funds.
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 4, 2024.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
City Plumbing & Rooter Corp
[email redacted]
Prescott Winsupply Co
[email redacted]
By: OAH Staff