ALJDEC - Licensing

2025A-13389-NPC-ROC · Registrar of Contractors · 2026-05-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sunbelt Rentals, Inc.,

COMPLAINANT

v.

GOMEZ CONSTRUCTION GROUP LLC

License No. ROC 342607,

RESPONDENT

No. 2025A-13389-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 14, 2026.

APPEARANCES:

Complainant: Lynne Welton

Respondent: Tony Gomez

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

Gomez Construction Group LLC (Respondent) was the holder of License No. 342607 issued by the Arizona Registrar of Contractors (Registrar).

On or about September 15, 2023, Sunbelt Rentals, Inc. (Complainant) entered into a contract with Respondent to rent equipment.

On or about December 26, 2025, Complainant filed a Non-Payment Complaint Form with the Registrar, claiming Respondent had failed to pay two invoices, amounting to $4,753.40.

On or about January 2, 2026, the Registrar notified Respondent that it had received a complaint and Respondent could raise issues and defenses by January 9, 2026.

On January 27, 2026, the Registrar issued a Citation, alleging that Respondent violated Arizona Revised Statutes (A.R.S.) § 32-1154 (A)(10). Respondent timely submitted an Answer on February 11, 2026, acknowledging the invoices as accurate and asserting non-payment was an internal administrative oversight and corrective action was taken.

The matter was referred to the Office of Administrative Hearings for an administrative hearing. The Notice of Hearing was issued on March 6, 2026, setting the hearing for April 14, 2026.

A hearing was held on April 14, 2026.

Lynne Welton testified on behalf of Complainant that two invoices had not been paid by Respondent for equipment rented from Complainant. Specifically, Invoice No. [number redacted]-0001, dated January 15, 2025, for a boom rental in the amount of $4,574.23 and Invoice No. [number redacted]-0001, dated February 7, 2025, for a two-day rental in the amount of $179.17. Ms. Welton testified that Complainant had attempted to contact Respondent to collect payment via mail, email, and telephone calls, with no response.

Mr. Gomez testified on behalf of Respondent that Respondent did not dispute the legitimacy or accuracy of the invoices and acknowledged Respondent’s responsibility. Mr. Gomez testified that he was not previously aware of the outstanding invoices, and the employees responsible for the oversight were no longer with the company.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction.

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 was no factual dispute 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. 342607 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish it has paid Complainant $4,753.40 in certified funds.

It is further recommended that when and if the Respondent receives and accepts Respondent’s evidence that it has paid Complainant $4,753.40 in certified funds, the Registrar may close the Complaint in Case No. 2025-13389.

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 4, 2026.

/s/ Nedra-Su Kawasaki

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

GOMEZ CONSTRUCTION GROUP LLC

[email redacted]

Sunbelt Rentals, Inc.

[email redacted]

By: OAH Staff