ALJDEC - Licensing
2024A-08989-NPC-ROC · Registrar of Contractors · 2025-02-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Desert Ready Mix LLC,
COMPLAINANT,
v.
C I A Concrete In Arizona LLC,
License No. ROC 306098,
RESPONDENT.
No. 2024A-08989-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 16, 2025.
APPEARANCES:
For Complainant: Nina Scott.
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 1–6.
_____________________________________________________________________
FINDINGS OF FACT
CIA Concrete In Arizona LLC (Respondent) was the holder of License No. 306098 issued by the Arizona Registrar of Contractors (Registrar) on August 10, 2016.
On or about January 6, 2017, Desert Ready Mix LLC (Complainant) entered into a purchase agreement with Respondent.
Complainant provided materials to Respondent as stated in at least two invoices, dated April 25, 2024, and April 26, 2024.
On or about August 8, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming failure to pay two invoices amounting to $2,931.24.
On September 18, 2024, the Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10).
On October 15, 2024, the Registrar issued a Notice of Hearing, setting the matter for administrative hearing before the Office of Administrative Hearings on December 2, 2024, at 10:30 AM.
On November 25, 2024, Respondent requested a continuance until after January 1, 2025. On December 2, 2024, the hearing was rescheduled to January 16, 2025, at 10:30 AM; the Order setting the new hearing provided virtual attendance information and was sent to the parties at their email addresses of record, including the email address from which Respondent requested the continuance.
At hearing, Nina Scott appeared on behalf of Complainant. Respondent failed to appear. After a grace period, the matter proceeded to hearing.
Ms. Scott testified that Respondent owed the amount stated in Complainant’s complaint for materials provided by Complainant to Respondent.
As of this Decision, Respondent has not contacted the Arizona Office of Administrative Hearings.
Administrative notice was taken of Respondent’s prior License record on February 3, 2025. According to that record, Respondent’s License No. 306098 was active, and this was the only complaint against Respondent’s license.
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.
This matter lies within the Registrar’s jurisdiction.
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. Respondent bears 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 credible evidence presented at hearing established by a preponderance of the evidence that Respondent continues to owe Complainant a total of $2,931.24 for materials provided to Respondent. Respondent failed to appear, and as such, failed to establish any defense by a preponderance of the evidence.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $2,931.24 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 306098, issued by the Registrar, until documents that establish that Respondent has paid Complainant $2,931.24 in certified funds has been provided to, and accepted by the Registrar.
It is further recommended that if and when the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $2,931.24 in certified funds, the Registrar may close the Complaint in this matter.
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, February 4, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Desert Ready Mix LLC
[email redacted]
C I A Concrete In Arizona LLC
[email redacted]
By: OAH Staff