ALJDEC - Licensing

2024A-13479-NPC-ROC · Registrar of Contractors · 2025-07-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Solar Fix LLC,

COMPLAINANT,

v.

LUMINOUS BUILDERS LLC, DBA: Luminous Energy, License No. ROC 346602,

RESPONDENT.

No. 2024A-13479-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 5, 2025, and July 17, 2025.

APPEARANCES:

For Complainant: Camille Jorgensen.

For Respondent: Failed to appear.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Notice of Hearing Packet submitted by the Registrar of Contractors.

_____________________________________________________________________

FINDINGS OF FACT

LUMINOUS BUILDERS LLC, DBA: Luminous Energy (Respondent) was the holder of License No. 346602 issued by the Arizona Registrar of Contractors (Registrar) on July 19, 2023.

On or about October 8, 2024, Solar Fix LLC (Complainant) entered into a contract with Respondent.

On or about December 11, 2024, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay $29,210.00.

On January 31, 2025, the Registrar issued a Citation, alleging that Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154 (A)(10). Respondent timely submitted an Answer on February 15, 2025.

The matter was referred to the Office of Administrative Hearings for an administrative hearing.

A hearing was held on May 5, 2025: evidence was taken from Complainant and Respondent failed to appear. Respondent requested a further hearing, and the matter was reconvened on July 17, 2025: Respondent failed to appear again.

Complainant’s witness testified in support of their complaint.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

Respondent was deemed to have received the Notice of Hearing by methods reasonably calculated to effect notice. The Registrar mailed copies of the Notice of Hearing on Contested Case to its address and email address of record, and the Office of Administrative Hearings sent the order setting the continued hearing date to Respondent at its email address of record.

Complainant bore the burden of proof to establish Respondent’s statutory violations by a preponderance of the evidence. Respondent bore the burden of proof to establish an affirmative defense by a preponderance of the evidence.

Respondent’s suspended license does not deprive Complainant of the right to prosecute the complaint or prevent the Registrar from determining the merits of the complaint.

“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.

In Arizona, when construing statutes, we look first to a statute’s language as the best and most reliable index of its meaning. If the statute’s language is clear and unambiguous, we give effect to that language and apply it without using other means of statutory construction, unless applying the literal language would lead to an absurd result. Words should be given “their natural, obvious, and ordinary meaning,” unless defined by the legislature.

The preponderance of the evidence demonstrated that Respondent owed Complainant $29,210.00 for materials or services rendered to Respondent in connection with Respondent’s operations as a licensed contractor.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Respondent pay Complainant $29,210.00 within thirty (30) days of the Order becoming effective, and if Respondent fails to do so, the Registrar shall suspend Respondent’s License No. 346602 until Respondent provides proof that it has paid Complainant in full.

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, August 5, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

LUMINOUS BUILDERS LLC

DBA: Luminous Energy

[email redacted]

Solar Fix LLC

[email redacted]

By: OAH Staff