ALJDEC - Licensing

2025A-06711-NPC-ROC · Registrar of Contractors · 2025-10-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

American Fence Company of Arizona, Inc.,

COMPLAINANT,

v.

Anvil Construction, LLC,

License No. ROC 336237,

RESPONDENT.

No. 2025A-06711-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 3, 2025

APPEARANCES: Matt Holicky appeared on behalf of Complainant American Fence Company of Arizona, Inc. Respondent Anvil Construction, LLC did not appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record

FINDINGS OF FACT

Anvil Construction, LLC (“Respondent”) is the holder of License Number 336237 issued by the Arizona Registrar of Contractors (“Registrar”).

On or about June 25, 2025, American Fence Company of Arizona, Inc. (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $2,722.08 for temporary fencing provided by Complainant to Respondent.

The parties were unable to resolve their differences. The Registrar issued a Citation against Respondent for its alleged violation of A.R.S. § 32-1154(A)(10).

The hearing in this matter was scheduled to convene on October 3, 2025, at 10:30 a.m. On the date and time set for hearing, Matt Holicky appeared on behalf of Complainant. Respondent did not appear notwithstanding proper notice, as the Registrar issued the Notice of Hearing for this matter on September 3, 2025, to Respondent’s mailing and email addresses of record with the Registrar. That Notice advised the parties of the hearing date and time and that an Order containing Google Meet information for participation in the hearing would issue separately by the Office of Administrative Hearings. On September 9, 2025, the Office of Administrative Hearings issued an Order setting the hearing via Google Meet. That Order was issued to the parties’ email addresses of record and contained the correct Google Meet information to participate in the hearing either by video or by phone. After a grace period, the matter proceeded to hearing.

The credible evidence presented at hearing established that Complainant provided temporary fencing panels to Respondent for which Respondent initially paid for the first four months, until January 2025. Thereafter, Respondent had three - one month rental extensions that were not paid.

Complainant invoiced Respondent for the three – one month extensions in January 2025, with invoice number 2609239 in the amount of $717.31, in February 2025, with invoice number 2615333, in the amount of $717.31, and in March 2025, with invoice number 2620965, in the amount of $717.31. In April 2025, Complainant sent Respondent invoice number 2626606, in the amount of $570.15, for the retrieval of the materials and for three damaged panels as provided for in the parties’ lease agreement.

Notwithstanding repeated attempts by Complainant to correspond with Respondent, Respondent has not communicated with Complainant and has made no payments toward the outstanding debt.

Respondent failed to appear for the hearing, and therefore, did not present any controverting evidence.

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 evidence established that at the time of the hearing, Respondent owed a total of $2,722.08 for the materials supplied by Complainant.

Respondent failed to appear, and as such, failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the materials.

Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $2,722.08 for services or materials rendered in connection with Respondent’s contracting business.

Based upon Respondent’s violation of the provisions of A.R.S. § 32-1154(A)(10), grounds exist to impose discipline against Respondent’s license.

RECOMMENDed order

Based on the foregoing, it is recommended that the Registrar suspend Respondent’s License Number 336237 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $2,722.08 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $2,722.08 in certified funds, the Registrar may close the Complaint in Case Number 2025-06711.

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 8, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

American Fence Company of Arizona, Inc.

[email redacted]

Anvil Construction, LLC

[email redacted]

By: OAH Staff