ALJDEC - Licensing

2025A-12832-NPC-ROC · Registrar of Contractors · 2026-03-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ewing Irrigation Products Inc.,

COMPLAINANT,

v.

Desert Wood LLC

License No. ROC 356320,

RESPONDENT.

No. 2025A-12832-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 24, 2026 at 10:30am

APPEARANCES: Susan Weltman appeared on behalf of Complainant Ewing Irrigation Products, Incorporated. No one appeared on behalf of Respondent Desert Wood, LLC.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”).

FINDINGS OF FACT

Desert Wood, LLC (“Respondent”) is the holder of License No. ROC 356320, first issued by the Registrar of Contractors (“Registrar”) on December 30, 2024.

In March 2024, Julian Duran, Respondent’s Qualifying Party, opened up a credit application with Ewing Irrigation Products, Incorporated (“Complainant”) and received a $5,000.00 credit limit.

Beginning on April 3, 2024 to May 17, 2024, Respondent purchased numerous landscaping supplies and Complainant issued 11 invoices in the total amount of $5,585.91 which included service fees. Respondent made no payments towards these invoices.

In November 2025, Susan Weltman, Complainant Litigation and Recovery Manager, sent a demand letter for payment to Respondent. Complainant received no response or payments from Respondent.

On November 12, 2025, Complainant sent Respondent’s debt to a collection agency who was unable to retrieve any payment from Respondent.

On or about December 8,2025, Complainant filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,493.01 (less service fee charges) for product.

The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On December 29, 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 January 13, 2026. Respondent filed an untimely answer by email on January 6, 2026, stating in pertinent part, “Hello the business Ewing irrigation products inc. is referring to is Desert Wood Landscaping LLC and that business has been shut down for about a year and a half. Desert Wood LLC has nothing to do with that company or our ROC number.” Respondent did not assert that it lacked the capacity to pay the amount Complainant asserted was due.

On or about January 12, 2026, the Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

On January 22, 2026, the Registrar issued a Notice of Hearing, setting a hearing at 1:00pm on February 26, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.

Complainant requested a continuance which was granted.

On February 9, 2026, 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 March 24, 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

Ms. Weltman testified on behalf of Complainant. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.

Ms. Weltman testified that Complainant tried multiple times to retrieve payment on its own. Ms. Weltman testified that Respondent received tons of product from Complainant and made no payments. Ms. Weltman further testified that using a collection agency was even unsuccessful. Ms. Weltman identified Mr. Duran and Respondent as the proper company and ROC license number, in this matter.

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.

The uncontroverted evidence established that Respondent owed a total amount of $4,493.01 to Complainant, after having removed the service fees. In addition, Respondent’s argument in its Answer was unsupported and the current Respondent was the proper entity in this action.

Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the goods supplied.

Therefore, Complainant established that Respondent violated Ariz. Rev. Stat. § 32-1154(A)(10) by failing to pay Complainant $4,493.01 for services or materials rendered in connection with Respondent’s contracting business.

Hence, Respondent’s license should be suspended until it pays Complainant. 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. ROC 356320 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $4,493.01 in certified funds.

It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,493.01 in certified funds, the Registrar may close the Complaint in Case No. 2025-12832.

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, March 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]

Desert Wood LLC

16685 W. Greenwald ST

TUCSON, AZ 85736

[email redacted]

[email redacted]

Ewing Irrigation Products Inc.

3441 E Harbour Dr.

Phoenix, AZ 85034

[email redacted]

By: OAH Staff