ALJDEC - Licensing

2025A-11240-NPC-ROC · Registrar of Contractors · 2026-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Upright Concrete, LLC,

COMPLAINANT,

v.

NDS Design LLC,

License No. ROC 349470,

RESPONDENT.

No. 2025A-11240-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 29, 2026

APPEARANCES: Complainant failed to appear. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

EXHIBITS ADMITTED INTO EVIDENCE: ROC Notice of Hearing Packet. _____________________________________________________________________

FINDINGS OF FACT

NDS Design LLC is the holder of License No. 349470, KB-2 Dual Residential and Small Commercial, issued by the Registrar of Contractors (“Registrar” or “ROC”) on January 8, 2024.

On or about October 27, 2025, the ROC received from Complainant a Non-Payment Complaint Form (“Complaint”) alleging that Respondent had failed to pay Complainant on invoices in the total amount of $3,705.00.

On February 19, 2026, ROC issued its Citation citing Respondent for alleged violation of Arizona Revised Statute (“Ariz. Rev. Stat.”) § 32-1154(A)(10) for failure to pay monies in excess of $750.00 when due for services rendered.

On March 5, 2026, Respondent filed an Answer to the Citation. Respondent indicated the following:

To whom it may concern. I’m am the homeowner at 1324 E Hall St. Tempe. I have been in constant contact with Noel at Upright Construction.

This is a simple suitation. We’re 800 bucks off the solution. I fully understand each. Persons position. Call me for clarification. O want to get Noel paid. I’m in uncertain of work done. Thank you nick steenson 503-330-7057.

The Complaint was not resolved informally and the ROC subsequently set the matter for hearing by issuing its Notice of Hearing dated March 18, 2026.

In the Tribunal’s ORDER dated March 19, 2026, the parties were provided with the virtual hearing information for participation in the administrative hearing.

At the time of the hearing, neither Complainant nor Respondent appeared. Neither party had contacted the Tribunal with regard to the hearing.

Since the date of the hearing, Complainant has not advised the Tribunal that the parties were able to finalize a settlement.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction and has been properly brought before OAH for adjudication.

The copy of the Notice of Hearing that the Registrar mailed to the parties was reasonable. The same address and others, as found within the administrative record, were subsequently utilized by OAH to communicate with the parties. The parties are deemed to have received notice of the hearing and of the GOOGLE link regarding the hearing.

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.

Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence.

Complainant failed to appear and present any evidence to demonstrate that Respondent had violated Ariz. Rev. Stat. § 32-1154(A)(10).

Having failed to appear and present any evidence with regard to the Complaint and cited alleged violation of contacting statutes, Complainant has failed to demonstrate the alleged violation of the Registrar’s statutes that would result in any recommendation for discipline on Respondent’s ROC license at this time.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that Complainant’s Complaint be dismissed, that no discipline be imposed on Respondent’s License No. 349470 pursuant to Case 2025-11240, and that Case 2025-11240 be closed.

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, May 7, 2026.

/s/ Kay A. Abramsohn

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

NDS Design LLC

[email redacted]

[email redacted]

Upright Concrete, LLC

[email redacted]

[email redacted]

By: OAH Staff