ALJDEC - Licensing
2024A-13208-NPC-ROC · Registrar of Contractors · 2025-10-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Empire Southwest LLC,
COMPLAINANT
v.
Wyman Grading And Excavating Inc.
License No. ROC 304788,
RESPONDENT
No. 2024A-13208-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 11, 2025
APPEARANCES: Robert Wahlin appeared via Google Meet on behalf of Complainant Empire Southwest LLC. Victoria Wyman appeared on behalf of Respondent Wyman Grading and Excavating Inc.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE:
_____________________________________________________________________
FINDINGS OF FACT
On February 7, 2025, the Registrar of Contractors (“ROC”) issued a Notice of Hearing on Contested Case setting the above-captioned matter for hearing on March 11, 2025, at the Office of Administrative Hearings.
The Notice of Hearing shows that the hearing was being conducted on the charges made in the complaint and citation that were served on Respondent Wyman Grading and Excavating Inc. on January 9, 2025. A copy of the Notice of Hearing, as well as an Order containing the Google Meet information was mailed and e-mailed to Respondent’s addresses of record.
Through the citation and Notice of Hearing, ROC alleges that Respondent may have violated Ariz. Rev. Stat. section 32-1154(A)(10).
Respondent holds License No. 304788 issued by ROC.
Complainant Empire Southwest LLC.
Complainant provided excavating equipment on a project for which Respondent was working.
On or about December 2, 2024, Complainant filed with ROC a complaint against Respondent alleging that Respondent owed Complainant $18,399.01.
The hearing was convened on March 11, 2025. There was no dispute by Respondent as to the amount owed.
At the end of the hearing, the parties agreed that Respondent would make a payment of $2,282.00 per month commencing March 25, 2025 and on or about the 25th of each month thereafter until September 25, 2025.
The tribunal received proof of payment in the amount of $2,282.00 in each March and April. However, the tribunal failed to receive any proof of payment after the April 2025 payment, and received no other notice from Complainant indicating the debt had been settled.
CONCLUSIONS OF LAW
Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.
“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2).
A preponderance of the evidence is:
The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Black’s Law Dictionary 1373 (10th ed. 2014).
Statutes should be interpreted to provide a fair and sensible result. Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)(citation omitted); State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968) ("Courts will not place an absurd and unreasonable construction on statutes.").
“Statutes shall be liberally construed to effect their objects and to promote justice.” Ariz. Rev. Stat. § 1-211(B).
The purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors. See Aesthetic Property Maintenance v. Capital Indem. Corp., 183 Ariz. 74, 900 P. 2d 1210 (1995).
Among the grounds for suspension or revocation of a contractor’s license is a “[f]ailure by [the] licensee . . . to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay or, if the licensee lacks the capacity to pay, when the licensee has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased.” Ariz. Rev. Stat. § 32-1154(A)(10).
The preponderance of the evidence shows that Respondent owes Complainant more than $750.00 for materials purchased and work performed in connection with Respondent’s operations as a contractor.
From the credible evidence provided, the tribunal finds that the Complaint was now owed $13,832.01, after crediting the March and April 2025 payments.
Therefore, the preponderance of the evidence shows that Respondent has violated section 32-1154(A)(10).
Respondent’s license should be suspended until it pays to Complainant $13,835.01.
RECOMMENDED ORDER
IT IS RECOMMENDED that Wyman Grading And Excavating Inc.’s license number 304788 be suspended until the Registrar receives proof that it has paid to Empire Southwest LLC $13,835.01.
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, October 1, 2025.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Empire Southwest LLC
[email redacted]
Wyman Grading and Excavating Inc.
[email redacted]
By: OAH Staff