ALJDEC - Licensing

2024A-09843-NPC-ROC · Registrar of Contractors · 2025-01-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Central Arizona Block Company Inc.,

COMPLAINANT

v.

Foley Tile LLC

License No. ROC 326479,

RESPONDENT

No. 2024A-09843-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 10, 2025.

APPEARANCES: Attorney Guy Bluff appeared for Complainant. Jerry Foley appeared for Respondent.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

EXHIBITS ADMITTED INTO EVIDENCE: Notice of Hearing (Not. of Hr’g); Complainant Exhibits C-1 to C-7.

_____________________________________________________________________

Foley Tile LLC (Respondent) is the holder of License No. 326479 issued by the Arizona Registrar of Contractors (Registrar) on October 9, 2019.

On or about October 10, 2019, Central Arizona Block Company Inc. (Complainant) entered into a contract with Respondent to provide Respondent a line of credit for purchase of materials.

On or about August 26, 2024, Complainant submitted a Non-Payment Complaint Form against Complainant, alleging non payment of $75,627.41.

The Registrar issued a Notice of Hearing on November 19, 2024, setting the hearing for January 10, 2025, at 10:30 AM. The Office of Administrative Hearings issued an Order for Virtual Hearing on November 19, 2024, providing Google Meet login information to the parties.

On January 9, 2025, the parties convened in advance of the hearing to discuss the matter. The parties agreed that Respondent owed $66,384.74.

At hearing, Jerry Foley testified for Respondent. He testified that Respondent did owe the full amount previously discussed with Complainant.

The parties agreed that Respondent should have 60 days to pay before any penalty was imposed.

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 parties agreed that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $66,384.74 for services or materials rendered in connection with Respondent’s contracting business. Accordingly, grounds exist to impose discipline against Respondent’s license.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that if Respondent has not paid Complainant $66,384.74 in certified funds within 60 days of the Registrar’s final order, the Registrar should suspend Respondent’s License Number 326479. It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $66,384.74 in certified funds, the Registrar 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, January 30, 2025.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

Central Arizona Block Company Inc.

[email redacted]

Guy W. Bluff, Esq.

Bluff and Associates

[email redacted]

Foley Tile LLC

[email redacted]

By: OAH Staff