ALJDEC - Licensing

2025A-06452-NPC-ROC · Registrar of Contractors · 2025-12-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

AC Pro Inc.,

COMPLAINANT,

v.

Air Pro Heating & Cooling LLC,

License No. ROC 341591,

RESPONDENT.

No. 2025A-06452-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 24, 2025.

APPEARANCES:

For Complainant: Peggy Reyes.

For Respondent: No appearance.

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

Air Pro Heating & Cooling LLC (Respondent) was the holder of License No. 341591 issued by the Arizona Registrar of Contractors (Registrar) on November 4, 2022, and revoked on December 4, 2025.

On or about October 30, 2024, AC Pro Inc. (Complainant) entered into a contract with Respondent.

On or about June 27, 2025, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay $5,861.64.

On July 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 August 5, 2025. Respondent’s answer admitted to the conduct at issue.

Complainant’s witness testified in support of Complainant’s complaint.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

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.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

It was uncontested that Respondent owed Complainant $5,861.64.

Therefore, the preponderance of the evidence supports that Respondent violated A.R.S. § 32-1154(A)(10).

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Respondent pay Complainant $5,861.64 within thirty (30) days of the Order becoming effective, and if Respondent fails to do so, the Registrar shall suspend Respondent’s License No. 341591 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, December 15, 2025.

/s/ Samuel Fox

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

AC Pro Inc.

[email redacted]

Air Pro Heating & Cooling LLC

[email redacted]

By: OAH Staff