ALJDEC - Licensing
2025A-09006-NPC-ROC · Registrar of Contractors · 2026-02-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
AMERICAN SHOTCRETE LLC,
COMPLAINANT,
v.
ICHIBAN SERVICES LLC
DBA: AQUA ALLURE,
License No. ROC 333228,
RESPONDENT.
No. 2025A-09006-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 10, 2026 at 10:30am
APPEARANCES: Heather Spring appeared on behalf of Complainant American Shotcrete, LLC, with observers Mario Roca and John Deering. No appearance on behalf of Respondent.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”).
FINDINGS OF FACT
Ichiban Services, LLC, dba: Aqua Allure (“Respondent”) is the holder of License No. ROC 333228, first issued by the Arizona Registrar of Contractors (“Registrar”) on May 3, 2021.
On or about September 3, 2025, American Shotcrete, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $8,167.50 for swimming pool shotcrete installation at a residential home located in Fountain Hills, Arizona.
Complainant issued invoice #1203 to Respondent on July 1, 2024, with a due date of July 31, 2024. Respondent has not paid Complainant any monies towards this invoice.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On November 24, 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 December 9, 2025. Respondent filed its answer by email on December 10, 2025, stating in pertinent part, “We would like to request a hearing in this matter.” Respondent did not assert that it lacked the capacity to pay the amount Complainant asserted was due.
On December 15, 2025, the Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
On December 22, 2025, the Registrar issued a Notice of Hearing, setting a hearing at 10:30am on February 10, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
On December 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. The hearing was held via Google Meet on February 10, 2026 at 10:30am.
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
Heather Spring, accounting and bookkeeper specialist, testified on behalf of Complainant business. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.
Ms. Spring testified that Complainant first invoiced Respondent on July 1, 2024. Unfortunately, Complainant received no response from Respondent. Complainant reached out to Respondent via email, phone calls, and through an invoicing software platform with no response. Due to the lack of communication, Complainant filed its complaint.
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 the Office of Administrative Hearings.
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.
In this case, the evidence established that Respondent owed a total amount of $8,167.50. 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 $8,167.50 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 333228 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $8,167.50 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $8,167.50 in certified funds, the Registrar may close the Complaint in Case No. 2025-09006.
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, February 27, 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]
AMERICAN SHOTCRETE LLC
ICHIBAN SERVICES LLC 1476 W Harvard Ave
DBA: AQUA ALLURE Gilbert, AZ 85233
7620 E McKellips Rd #4-77 [email redacted]
Scottsdale, AZ 85257
[email redacted] By: OAH Staff