ALJDEC - Licensing
2024A-09252-NPC-ROC · Registrar of Contractors · 2025-01-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
R.C. Concrete LLC,
COMPLAINANT,
v.
C R Commercial Contractors Inc.
License No. ROC 219817,
RESPONDENT.
No. 2024A-09203-NPC-ROC
No. 2024A-09252-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 24, 2024. Record open until January 3, 2025.
APPEARANCES: Roberta Elena Rascon and Ricardo Rascon appeared for Complainant. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Samuel Fox
EXHIBITS ADMITTED INTO EVIDENCE: Notice of Hearing Packet. Complainant’s Exhibits 1–3.
_____________________________________________________________________
FINDINGS OF FACT
C R Commercial Contractors Inc. (Respondent), was the holder of License Number 219817 issued by the Arizona Registrar of Contractors (Registrar) on May 6, 2006.
On or about June 10, 2023, Complainant entered a contract with Respondent.
On or about September 18, 2023, R.C. Concrete LLC (Complainant), entered another contract with Respondent.
Complainant filed a Non-Payment Complaint Form regarding the June 10, 2023, contract, alleging Respondent owed Complainant $2,500.00 for work completed. On or about August 26, 2024, the Registrar acknowledged a Complaint filed by Complainant.
On or about August 14, 2024, Complainant filed a Non-Payment Complaint Form, alleging Respondent owed Complainant $5,398.35 for work completed.
The parties were unable to resolve their differences. On October 23, 2024, the Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10) in matter 2024A-09252-NPC-ROC.
On or about October 31, 2024, Respondent submitted an Answer for the 2024A-09252-NPC-ROC Citation, stating Respondent would pay $5,398.35, the amount owed,.
The consolidated matter was set for administrative hearing before the Office of Administrative Hearings on December 24, 2024, at 1:00 p.m., pursuant to the Notice of Hearing issued to the parties by the Registrar on November 15, 2024.
On November 18, 2024, the Tribunal issued to the parties at their respective email addresses of record, an Order of Virtual Hearing, providing the Google Meet login information and remaining the parties of the date and time of the hearing.
On the date and at the time set for continued hearing, Complainant appeared through Roberta Elena Rascon and Ricardo Rascon. Respondent failed to appear. After a grace period, the matter proceeded to hearing.
Complainants witness testified that for both jobs Complainant completed the work, that the amount owed was correct, and that no payments had been made on that amount due.
As of this Decision, Respondent has not contacted the Office of Administrative Hearings.
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 this matter 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.”
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 that Respondent continues to owe Complainant a total of $7,898.35.
Respondent failed to appear; consequently, Respondent did not introduce any defense.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $7,898.35 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 219817 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $7,898.35 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, January 23, 2025.
/s/ Samuel Fox
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
R.C. Concrete LLC
[email redacted]
C R Commercial Contractors Inc.
[email redacted]
By: OAH Staff