ALJDEC - Licensing
2025A-08866-NPC-ROC · Registrar of Contractors · 2026-01-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
SunDial Solar, LLC,
COMPLAINANT,
v.
Better Earth Electric AZ, LLC,
License No. ROC 336447,
RESPONDENT.
No. 2025A-08866-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 12, 2026
APPEARANCES: Ken Roland appeared on behalf of Complainant SunDial Solar, LLC. Respondent Better Earth Electric AZ, LLC failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None; Administrative Notice taken of Agency Record
FINDINGS OF FACT
Better Earth Electric AZ, LLC (“Respondent”) is the holder of License Number 336447 issued by the Arizona Registrar of Contractors (“Registrar”).
In or about September 2025, SunDial Solar, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $12,226.50 for the installation of solar panels and inverters, as well as the electrical connection and provision of related equipment provided by Complainant to Respondent for four projects.
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 January 12, 2026, at 9:00 a.m. On the date and time set for hearing, Ken Roland appeared on behalf of Complainant. Respondent did not appear notwithstanding proper notice, as the Registrar issued the Notice of Hearing for this matter on November 21, 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 December 2, 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 the equipment and performed the work it was contracted to perform.
Mr. Roland, Complainant’s Qualifying Party and CEO, testified that after the Complaint was filed, Respondent paid two of the four invoices, and that at the time of the hearing, Respondent continued to owe a total of $5,212.00, representing invoice number 2062 in the amount of $3,121.00 and invoice number 2068 in the amount of $2,091.00.
Mr. Roland testified that he and Respondent had communicated via email regarding the unpaid invoices, and that Respondent’s representative stated that the outstanding balance would be paid via credit card. However, Respondent failed to do so.
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:
Failure 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 $5,212.00 for the materials supplied and work performed 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 or the work performed.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $5,212.00 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 336447 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $5,212.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $5,212.00 in certified funds, the Registrar may close the Complaint in Case Number 2025-08866.
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, January 27, 2026.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
SunDial Solar, LLC
[email redacted]
Better Earth Electric AZ, LLC
[email redacted]
By: OAH Staff