ALJDEC - Licensing
2025A-04987-NPC-ROC · Registrar of Contractors · 2026-05-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sun Tech Glass Inc.,
COMPLAINANT,
v.
FX Construction LLC
License No. ROC 337291,
RESPONDENT.
No. 2025A-04987-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: May 6, 2026 at 1:00pm
APPEARANCES: Dennis Hart appeared on behalf of Complainant Sun Tech Glass, Incorporated. No one appeared on behalf of Respondent FX Construction, LLC.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”). Complainant Exhibits 1 through 3.
FINDINGS OF FACT
FX Construction, LLC (“Respondent”) is the holder of License No. ROC 337291, first issued by the Arizona Registrar of Contractors (“Registrar”) on March 22, 2022.
On or about May 19, 2025, Sun Tech Glass, Incorporated (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $87,430.00 for the installation of store front glass, doors and windows at a multi-level residential building located in Phoenix, Arizona.
Respondent has made payments to Complainant since the filing of the Complaint. The last payment Complainant received from Respondent was on March 26, 2026 leaving a current balance of $27,430.00.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On June 16, 2025, the Registrar then issued a Citation for alleged violation of Ariz. Rev. Stat. § 32-1154(A)(10).
The Citation requested that Respondent file a written answer by July 1, 2025. Respondent filed its answer by email on June 30, 2025, stating in pertinent part, “The property is owned by Grant Park Sherman LLC, with Farzam Afshar as one of the principals...Complainant was paid for their payment applications until the property owner removed Respondent from the permit and ceased payments for work performed, including payment for work and materials provided by Complainant...Respondent is attempting to obtain funds from Grant Park Sherman, LLC and Farzam Afshar; however, at this time, those funds have not been released. As soon as the funds are made available by the property owner, Complainant will receive payment for services render either from the property owner directly or through Respondent. Because Respondent has valid and justifiable reason for withholding payment, Respondent requests the matter be continued while FX attempts resolution with the property owner.”
On July 9, 2025, the Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
On July 15, 2025, the Registrar issued a Notice of Hearing, setting a hearing at 10:30am on August 21, 2025. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
On July 24, 2025, an order was emailed from the Office of Administrative Hearings to the parties which advised them on how to connect to the hearing via Google Meet. There were multiple continuances that were granted as the parties were in communication and Respondent was making payments towards the debt owed.
On March 18, 2026, Complainant filed a status update with OAH, requesting that the hearing be reset for hearing because the parties were unable to resolve their dispute.
On March 20, 2026, an Order Setting Hearing Via Google Meet was emailed to the parties. The hearing was held via Google Meet at 1:00pm on May 6, 2026.
Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to defend its license.
Hearing Evidence
Dennis Hart, Vice President of Complainant business, testified on his own behalf. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.
Mr. Hart testified that after the March 2026 payment, Complainant has not heard from Respondent and that the current outstanding balance is $27,430.00.
CONCLUSIONS OF LAW
The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable, and Respondent is deemed to have received notice of the hearing and of the order from OAH.
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 these matters 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.”
Ariz. Rev. Stat. § 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 purpose of the Registrar’s licensing statutes is to protect the public from unscrupulous, unqualified, and financially irresponsible contractors.
The preponderance of the evidence shows that Respondent owed Complainant more than $750.00 for materials/services provided in connection with Respondent’s operations as a contractor.
It was clear from the evidence and testimony provided that Respondent owed a total outstanding balance of $27,430.00.
Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.
Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant the remaining amount of $27,430.00 for services or materials rendered in connection with Respondent’s contracting business.
RECOMMENDed order
Based on the foregoing,
It is recommended that the Registrar suspend Respondent’s License No. ROC 337291 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $27,430.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $27,430.00 in certified funds, the Registrar may close the Complaint in Case No. 2025-04987.
Pursuant to Ariz. Rev. Stat. § 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, May 20, 2026.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Ryan D. Bailey, Esq.
Stone Canyon Law PLC
502 S College Ave , Ste 205
Tempe, AZ 85281
[email redacted]
[email redacted]
FX Construction LLC
25 S Arizona Pl, 5th Floor
Chandler, AZ 85225
[email redacted]
Sun Tech Glass Inc.
2244 S Industrial Park Ave
Tempe, AZ 85282
[email redacted]
By: OAH Staff