ALJDEC - Licensing
2024A-09712-NPC-ROC · Registrar of Contractors · 2025-01-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sunwest Services Corp,
COMPLAINANT
v.
REIcon LLC
License No. ROC 340420,
RESPONDENT
No. 2024A-09712-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 26, 2024
APPEARANCES: No person appeared on behalf of Complainant Sunwest Services Corp. Christopher Reigel appeared representing Respondent REIcon LLC.
ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn
EXHIBITS ADMITTED INTO EVIDENCE: Registrar Notice of Hearing Packet.
_____________________________________________________________________
FINDINGS OF FACT
REIcon LLC (Respondent) is the holder of License No. 340420, KB-1 Dual Building Contractor, issued by the Arizona Registrar of Contractors (Registrar) in October of 2023.
On August 23, 2024, the Registrar received a Non-Payment Complaint against Respondent from Complainant alleging nonpayment.
On October 16, 2024, the Registrar issued a Citation against Respondent, charging the possible violation of A.R.S. § 32-1154(A)(10), failure to pay monies in excess of $750 when due for materials or services rendered in connections with a licensee’s operations as a contractor.
On October 31, 2024, Respondent filed a response to the Registrar.
The matter was not resolved informally between the parties.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
On November 20, 2024, the Registrar issued its Notice of Hearing, setting a hearing to convene at 9:00 a.m. on December 26, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at the address and email address of record.
On November 24, 2024, the Office of Administrative Hearings issued an order by email advising the parties the hearing would be conducted virtually by videoconference or telephone via Google Meet and providing the instructions to connect to the hearing.
The hearing was convened and conducted through Google Meet on December 26, 2024.
Complainant did not appear by videoconference or telephone and had not previously requested that the hearing be continued. Although the start of the hearing was delayed a minimum of 15 minutes, Complainant did not appear. Consequently, Complainant did not present any evidence to support its allegations of nonpayment.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. See A.R.S. § 32-1101 et seq.
The copy of the Notice of Hearing that the Registrar mailed to Respondent at Respondent’s address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).
Complainant bears the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and A.A.C. R2-19-119(B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
Based on the failure to appear, Complainant failed to present evidence to support the allegations of nonpayment. Therefore, Complainant failed to establish, by a preponderance of evidence, that Respondent was in violation of A.R.S. § 32-1154(A)(10).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that Complainant’s Case No. 2024-10712 be dismissed.
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.
-54864001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-137160-45720000Done this day, January 13, 2025.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
Tom Cole, Director
Registrar of Contractors
[email redacted]
REIcon LLC
4233 E. Villa Theresa Dr.
Phoenix, AZ 85032
[email redacted]
Sunwest Services Corp
2545 Chandler Avenue Suite #6
Las Vegas, NV 89120
[email redacted]
By: OAH Staff