ALJDEC - Licensing
2024A-08646-NPC-ROC · Registrar of Contractors · 2024-10-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Baja Ready Mix LLC,
COMPLAINANT,
v.
C&J Renovations LLC,
DBA: HDK Landscape & Design,
License No. ROC 324811,
RESPONDENT.
No. 2024A-08646-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 11, 2024.
APPEARANCES:
For Complainant: Rebecca Heredia.
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.
_____________________________________________________________________
FINDINGS OF FACT
C&J Renovations LLC (Respondent) was the holder of License No. 324811, issued by the Arizona Registrar of Contractors (Registrar) on June 17, 2019.
On or about September 27, 2023, Respondent entered a contract with Baja Ready Mix LLC (Complainant) for the purchase of concrete.
On or about July 30, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay an invoice, amounting to $3,778.
The Registrar issued a Citation on August 12, 2024, alleging Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154(A)(10).
Respondent replied to a courtesy email from the Registrar, stating that the matter was being handled by collections.
The Notice of Hearing was issued on September 9, 2024.
The matter was referred to the Office of Administrative Hearings for an administrative hearing, and the Office issued an Order for Virtual Hearing on September 10, 2024, to the email addresses of record. A virtual hearing was held on October 11, 2024.
At hearing, Complainant presented the testimony of Rebecca Heredia. Respondent failed to appear. Respondent has not contacted the Office of Administrative Hearings as of the date of this decisions.
Complainant testified that the work had been completed and no payments had been made.
Respondent had provided a check, but it was returned for insufficient funds.
Respondent failed to provide any evidence.
Administrative notice was taken of Respondent’s prior License record on October 25, 2024. According to that record, Respondent’s License No. 324811 was revoked for discipline on October 23, 2024. The license had four open and three 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 its 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 revoked 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 $3,778 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 $3,778 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
C&J Renovations LLC
DBA: HDK Landscape & Design
[email redacted]
Baja Ready Mix LLC
[email redacted]
By: OAH Staff