ALJDEC - Licensing

2025A-08418-NPC-ROC · Registrar of Contractors · 2025-11-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

RXG Glass and Doors, LLC,

COMPLAINANT,

v.

Anvil Construction LLC,

License No. ROC 336237,

RESPONDENT.

No. 2025A-08418-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 17, 2025 at 3:00PM

APPEARANCES: Ricardo Alvarez appeared on behalf of Complainant RXG Glass and Doors, LLC. No one appeared on behalf of Respondent Anvil Construction, LLC.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet’). Complainant Exhibits 1 through 7.

FINDINGS OF FACT

Anvil Construction, LLC (“Respondent”) is the holder of License No. ROC 336237, first issued by the Arizona Registrar of Contractors (“Registrar”) on January 10, 2022.

On or about August 20, 2025, RXG Glass and Doors, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $6,277.06 for a commercial window installation for a coffee house project which was located in Surprise, Arizona.

The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged Violation of Ariz. Rev. Stat. § 32-1154(A)(10).

In Respondent’s Answer, dated October 7, 2025, Matthew Najor, Qualifying Party, asserted that he was working with the project main client to secure payments owed to him and his subcontractors that worked on the coffeehouse project. Mr. Najor asserted in his Answer that if Respondent’s license was disciplined that would make it so “that no one will be able to be paid.”

The Registrar referred the above-aforementioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.

On October 17, 2025, the Registrar issued a Notice of Hearing, setting the hearing at 3:00pm on November 17, 2025. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

On October 22, 2025, an Order from OAH advised the parties on how to connect to the hearing via Google Meet.

Respondent failed to appear at the hearing by 3:15pm on November 17, 2025 and consequently, the matter was convened and testimony was only provided by Complainant. OAH did not receive any further communication from Respondent in regards to the missed hearing.

Hearing Evidence

Ricardo Alvarez, owner of Complainant business, testified on his own behalf. Respondent was not present for the hearing. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.

Mr. Alvarez testified that he invoiced Respondent on March 20, 2025 for the work performed, in the amount of $6,277.06 and received no response. Since the invoice was issued, Mr. Alvarez testified that he has called, emailed, and texted Mr. Najor and had yet to receive a response which led him to file the Complaint.

Administrative notice was taken of Respondent’s prior License record on November 17, 2025. Such prior License record reflects that Respondent’s License No. ROC 336237 was Suspended. Such prior License record also reflects that there were two open complaints and one complaint resulting in discipline against Respondent’s license.

CONCLUSIONS OF LAW

The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record and the OAH order emailed were reasonable and Respondent was deemed to have received notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).

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 Complainant performed a job and was not paid for the work. Although Respondent asserted in his Answer that the main client needs to pay them, in order to pay the subcontractors. However, that Answer was submitted in October 2025, the job was completed back in April 2025, and Respondent did not appear at the hearing to provide testimony. As such, 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 $6,277.06 for services or materials rendered in connection with Respondent’s contracting business. Based upon Respondent’s violation of the provisions of Ariz. Rev. Stat. § 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 No. 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 $6,277.06 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $6,277.06 in certified funds, the Registrar may close the Complaint in Case No. 2025-08418.

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, November 25, 2025.

/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]

RXG Glass and Doors, LLC

1248 S Vineyard Apt 38

Mesa, AZ 85210

[email redacted]

Anvil Construction LLC

8390 East Via de Ventura Suite F110-322

Scottsdale, AZ 85258

[email redacted]

By: OAH Staff