ALJDEC - Licensing
2026A-00345-NPC-ROC · Registrar of Contractors · 2026-04-13
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Check's Carpet Cleaning LLC,
COMPLAINANT
v.
Peaches Construction & Fire Restoration LLC,
License No. ROC 339598,
RESPONDENT
No. 2026A-00345-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 31, 2026
APPEARANCES: Douglas Check appeared on behalf of Complainant Check’s Epoxy LLC.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
EXHIBITS ADMITTED INTO EVIDENCE:
_____________________________________________________________________
FINDINGS OF FACT
Peaches Construction & Fire Restoration LLC (Respondent) is the holder of License No. 339598 issued by the Registrar of Contractors (Registrar).
On or about January 12, 2026, Checks Epoxy LLC (Complainant) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $4,123.00, for services Complainant rendered to Respondent in connection with Respondent’s contracting business.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. The Registrar then issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10) on January 30, 2026.
On February 1, 2026, Respondent timely e-mailed a Response to the Citation.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 10:30 a.m. on March 31, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
By order dated February 20, 2026, the parties were advised the hearing would be held via Google Meet.
The hearing was held as scheduled on March 31, 2026. Douglas Check appeared on behalf of Complainant, and testified that he performed all of the work, and Respondent failed to pay the remaining balance on invoice sent on April 24, 2025.
The Tribunal waited for fifteen minutes, but Respondent failed to appear. Because Respondent did not appear through an authorized member, employee, or attorney, Respondent did not present any evidence to defend its license.
CONCLUSIONS OF LAW
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. See A.A.C. R2-19-119.
Respondent was deemed to have received the Notice of Hearing by methods reasonably calculated to effect notice. The Registrar mailed copies of the Notice of Hearing on Contested Case to its address and email address of record, and the Office of Administrative Hearings sent the order setting the Google Meet information to Respondent at its email address of record.
A preponderance of the evidence is “such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960).
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.
The evidence established that Respondent owed a total of $4,123.00 for equipment supplied.
Therefore, Complainant established that Respondent violated A.R.S. § 32-1154(A)(10) by failing to pay Complainant $4,123.00 for services rendered in connection with Respondent’s contracting business.
Based upon Respondent’s violation of the provisions of A.R.S. § 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 Peaches Construction & Fire Restoration LLC’s License No: 339598 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $4,123.00 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $4,123.00 in certified funds, the Registrar may close the Complaint in Case No. 2021-00782.
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, April 13, 2026.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Peaches Construction & Fire Restoration LLC
[email redacted]
CHECK'S CARPET CLEANING LLC
[email redacted]
By: OAH Staff