ALJDEC - Licensing
2026A-02293-NPC-ROC · Registrar of Contractors · 2026-06-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Bret Alan Reiser,
COMPLAINANT,
v.
A & E Builders LLC,
License No. ROC 336255,
RESPONDENT.
No. 2026A-02293-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 17, 2026 at 1:00pm
APPEARANCES: Melanie Reiser appeared on behalf of Complainant Bret Alan Reiser, dba: Country Boys Painting, LLC with Bret Reiser as an observer. No appearance on behalf of Respondent A & E Builders, LLC.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
EXHIBITS ADMITTED INTO EVIDENCE: Arizona Registrar of Contractors Notice of Hearing Packet (“Packet”)
FINDINGS OF FACT
A & E Builders, LLC (“Respondent”) is the holder of License No. ROC 336255, first issued by the Arizona Registrar of Contractors (“Registrar”) on January 12, 2022.
On or about February 27, 2026, Bret Alan Reiser dba: Country Boys Painting, LLC (“Complainant”) filed a Complaint against Respondent with the Registrar alleging that Respondent had failed to pay Complainant the sum of $9,883.80 for a painting project.
On or about February 15, 2024, Respondent subcontracted with Complainant on a painting job for a commercial restaurant located in Goodyear, Arizona. The total amount of the project was approximately $19,413.00. Complainant finished the job around July 10, 2024.
Complainant began to invoice Respondent and received a payment of $9,529.20 from Respondent on April 4, 2025. Complainant’s further attempts to collect the remainder of the balance were ignored.
The parties were unable to resolve their differences, and Complainant requested an administrative hearing. On March 18, 2026, 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 April 2, 2026. Respondent did not file an answer.
On April 9, 2026, the Registrar issued a Final Administrative Decision and Order (Default) due to Respondent’s failure to respond and upheld the Citation.
Later that day on April 9, 2026, Respondent reached out to the Registrar and asked for the Decision to be set aside due to health and family issues.
On April 21, 2026, the Registrar issued an Order Setting Aside Final Administrative Decision and Order (Default) and Order Setting Hearing.
On April 29, 2026, the Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
On May 7, 2026, the Registrar issued a Notice of Hearing, setting a hearing at 1:00pm on June 17, 2026. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
On May 13, 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 June 17, 2026 at 1:00pm.
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
Melanie Reiser, Director of Operations of Complainant business, testified on behalf of Complainant. Administrative notice was taken of the Registrar’s packet which includes the Notice of Hearing.
Ms. Reiser testified to her many attempts to collect the $9,883.80 remaining balance to no avail. Ms. Reiser testified that she believed that the restaurant project was under legal proceedings and that it never opened but that they expect payment for its services.
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.
In this case, the evidence clearly established that Respondent owed a total amount of $9,883.80 for the commercial painting project.
Respondent failed to establish by a preponderance of the evidence that it lacked the ability to pay Complainant for the work performed.
Hence, Respondent’s license should be suspended until it pays to Complainant $9,883.80. 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 336255 issued by the Registrar until it has provided to the Registrar, and the Registrar has accepted, documents that establish that it has paid Complainant $9,883.80 in certified funds.
It is further recommended that when and if the Registrar receives and accepts Respondent’s evidence that it has paid Complainant $9,883.80 in certified funds, the Registrar may close the Complaint in Case No. 2026A-02293.
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, June 28, 2026.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Bret Alan Reiser
DBA: Country Boys Painting, LLC
21644 N 9th Ave #103
Phoenix, AZ 85027
[email redacted]
A & E Builders LLC
4665 S Ash Ave Suite G4
Tempe, AZ 85282
[email redacted]
By: OAH Staff