ALJDEC - Licensing

2025A-10920-NPC-ROC · Registrar of Contractors · 2026-05-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Fire Protection Design Inc.,

DBA: Allan Fire Protection Systems,

COMPLAINANT

v.

STRONG ROCK CONSTRUCTION LLC,

License No. ROC 341099,

RESPONDENT

No. 2025A-10920-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 1, 2026.

APPEARANCES:

Complainant: Ken Olson

Respondent: No Appearance

ADMINISTRATIVE LAW JUDGE: Nedra-Su Kawasaki

EXHIBITS ADMITTED INTO EVIDENCE: Administrative notice was taken of the Notice of Hearing Packet submitted by the Registrar of Contractors.

_____________________________________________________________________

FINDINGS OF FACT

Strong Rock Construction LLC (Respondent) was the holder of License No. 341099 issued by the Arizona Registrar of Contractors (Registrar).

On or about August 21, 2024, Fire Protection Design Inc. (Complainant) entered into a contract with Respondent to modify an existing wet-pipe fire sprinkler system to accommodate new walls and ceilings.

On or about October 21, 2025, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay two invoices, amounting to $4,173.38.

On or about October 22, 2025, the Registrar notified Respondent that it had received a complaint and Respondent could raise issues and defenses by October 30, 2025.

On November 14, 2025, the Registrar issued a Citation, alleging that Respondent violated A.R.S. § 32-1154 (A)(10). Respondent timely submitted an Answer on November 29, 2025, acknowledging responsibility and a desire to work with Complainant.

The matter was referred to the Office of Administrative Hearings for an administrative hearing. The Notice of Hearing was issued on December 15, 2025, setting the hearing for January 26, 2026.

At the time set for hearing, prior to going on the record, the parties held an informal discussion, without the Administrative Law Judge (ALJ) present wherein they agreed to a payment plan. The matter was set for a status update on February 5, 2027.

On March 23, 2026, Complainant advised the ALJ that Respondent had failed to comply with the agreement and requested the matter be set for hearing.

On March 27, 2026, an order was issued setting the hearing for May 1, 2026, and advising the parties how to connect to the hearing via Google Meet.

The hearing was held on May 1, 2026.

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.

Ken Olson testified on behalf of Complainant that the work was completed as contracted. Mr. Olson further testified that Respondent acknowledged payment was owed, but advised Mr. Olson that Respondent did not have the money to pay Complainant.

Respondent’s Answer acknowledged its responsibility to pay the invoices included in the Complaint.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

The order setting the hearing for May 1, 2026, that the Office of Administrative Hearings sent to Respondent at its email address of record was reasonable and Respondent is deemed to have received notice of the hearing.

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.”

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.

There were no factual disputes in the instant matter.

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

RECOMMENDED ORDER

Based on the foregoing, it is recommended that the Registrar suspend Respondent’s License No. 341099 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish it has paid Complainant $4,173.38 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,173.38 in certified funds, the Registrar may close the Complaint in Case No. 2025-10920.

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, May 15, 2026.

/s/ Nedra-Su Kawasaki

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

STRONG ROCK CONSTRUCTION LLC

[email redacted]

Fire Protection Design Inc.

DBA: Allan Fire Protection Systems

Allanfire.prodigy.net

[email redacted]

By: OAH Staff