ALJDEC - Licensing
2024A-08034-NPC-ROC · Registrar of Contractors · 2024-10-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Haskins Electric LLC,
COMPLAINANT,
v.
Vollkommen Arizona LLC,
License No. ROC 324044,
RESPONDENT.
No. 2024A-08034-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 10, 2024.
APPEARANCES:
For Complainant: Charles Haskins and Attorney Keely Verstegen.
For Respondent: Failed to appear.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Hearing Packet submitted by the Registrar of Contractors. Respondent’s Answer. Notice of Hearing.
_____________________________________________________________________
FINDINGS OF FACT
Vollkommen Arizona LLC (Respondent) was the holder of License No. 324044, issued by the Arizona Registrar of Contractors (Registrar) on April 4, 2019.
On or about January 9, 2023, March 14, 2024, and May 14, 2024, Respondent entered contracts with Haskins Electric LLC (Complainant) for electrical work in three multi-unit development projects.
On or about July 16, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay 103 invoices, amounting to $420,191.33.
On July 17, 2024, the Registrar issued a notice of complaint, advising Respondent that a citation would not be issued until July 24, 2024, and stating that Respondent may submit an Answer.
Although the Citation was not included in the Hearing Packet and is not in the Record, the Tribunal can infer by the Answer (not included in the Hearing Packet) and the Notice of Hearing (not included in the hearing packet) that the Citation was issued and that it had alleged Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(10).
Respondent filed an answer to the Citation on August 13, 2024, claiming that it had a legal reason for not paying Complainant.
The Notice of Hearing was issued on August 22, 2024.
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 26, 2024, to the email addresses of record. A virtual hearing was held on October 10, 2024.
At hearing, Complainant presented the testimony of Charles Haskins. Respondent failed to appear. Respondent has not contacted the Office of Administrative Hearings as of the date of this decision.
Complainant testified that the amount owed was correctly stated on the complaint, the work had been completed, and no payments had been made.
Although Respondent’s Answer to the Registrar’s complaint claimed a legal reason for failure to pay, Respondent failed to provide any evidence in support of that claim.
Administrative notice was taken of Respondent’s prior License record on October 23, 2024. According to that record, Respondent’s License No. 324044 was suspended for discipline on September 6, 2024. The license had two open and two disciplined cases.
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.
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.
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 $420,191.33 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 324044 until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $420,191.33 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, October 29, 2024.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Vollkommen Arizona LLC
[email redacted]
C Cole Crabtree, Esq.
[email redacted]
Haskins Electric LLC
[email redacted]
By: OAH Staff