ALJDEC - Licensing
2024A-09019-NPC-ROC · Registrar of Contractors · 2024-12-24
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Ruiz's Pool Plastering LLC,
COMPLAINANT
v.
Clarity Pool Service LLC
License No. ROC 322349 and 322348
RESPONDENT
No. 2024A-09026-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 14, 2024 at 1:00PM
APPEARANCES: John Ruiz, Owner on behalf of Complainant; Lizbeth Moran, Secretary on behalf of Complainant
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
EXHIBITS ADMITTED INTO EVIDENCE: Registrar of Contractors Notice of Hearing Packet for Docket #2024A-09026 (Packet #1), Registrar of Contractors Notice of Complaint for Docket #2024A-09019 (Packet #2); Complainant Exhibit #1
FINDINGS OF FACT
Clarity Pool Service, LLC (Respondent) is the holder of License Nos. ROC 322348 and 322349 issued by the Registrar of Contractors (Registrar).
On or about August 8, 2024, Ruiz’s Pool Plastering, LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,220.50.
Separately, Complainant filed a Complaint against Respondent alleging that Respondent had failed to pay Complainant the sum of $12,800.00.
Complainant contracted with Respondent for three separate jobs:
Job #1 – Contracted on September 15, 2023.
Residential pool plaster, mini pebble Tec for $8,800.00. This is a revised invoice amount due of the $12,800.00 listed in the Complaint.
No payment from the Respondent.
Job #2 – Contracted on September 21, 2023.
Residential pool plaster, mini pebble Tec for $5,042.00.
On October 23, 2023, Respondent paid $820.00.
On September 11, 2024, Respondent paid $2,000.00.
Outstanding payment remaining totals $2,222.00.
Job #3 – Contracted on September 11, 2023
Residential pool plaster for $4,750.00 – Paid In Full
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On September 4, 2024, the Registrar then issued a Citation for Alleged Violation of Ariz. Rev. Stat. § 32-1154(A)(10).
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 1:00 PM on November 14, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
On October 9, 2024, an order was sent to the parties from the Office of Administrative Hearings which advised the parties how to connect to the hearing via Google Meet.
The hearing was held via Google Meet on November 14, 2024. Respondent did not request that the hearing be continued. Although the start of the hearing was delayed approximately fifteen minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any testimonial evidence to defend its license.
Mr. Ruiz and Ms. Moran provided testimony that Respondent recently made a $2,000.00 payment towards Job #2 and no payment was made on Job #1. The total amount due to Complainant was $11,022.00.
Per Respondent’s Answer dated September 16, 2024, Josh Johnson, on behalf of Respondent, did not assert that it lacked the capacity to pay the amount Complainant asserted was due on Job #2. The Administrative Law Judge was not provided a copy of Respondent’s answer to the Complaint regarding Job #1.
CONCLUSIONS OF LAW
The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement and the standard of proof on all issues in these matters is 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.”
The copies of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing.
Ariz. Rev. Stat. § 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 evidence established that Respondent owed a total of $11,022.00, including for Job #1 in the amount of $8,800.00 and for Job #2 in the amount of $2,222.00.
Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $11,022.00 for services or materials rendered in connection with Respondent’s contracting business.
Based on Respondent’s violation of the provisions of Ariz. Rev. Stat. § 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 Nos. 322348 and 322349 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $11,022.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $11,022.00 in certified funds, the Registrar may close the Complaints in Case Nos. 2024-09019 and 2024-09026.
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, December 24, 2024.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Clarity Pool Service LLC
608 E La Costa
Chandler, AZ 85249
[email redacted]
Juan Ruiz
Ruiz's Pool Plastering LLC
3602 S 69th Ave
Phoenix AZ 85043-6805
[email redacted]
By: OAH Staff