ALJDEC

98F-M1261-ROC · Registrar of Contractors · 1998-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 20, 1998 APPEARANCES: Vicki Simmons on behalf of the Complainant; Respondent did not appear at the hearing. ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________ FINDINGS OF FACT 1. In November, 1997,Complainant and Respondent entered into a contract for Complainant to provide temporary labor to Complainant ( the “Contract”) and Respondent agreed to pay Complainant on an hourly basis for the services provided with respect to the Arizona Mills Mall project. 2. In accordance with the Contract, Complainant provided work orders for the services it provided to Respondent and Respondent or his representative executed the work orders thereby confirming the services provided and the hours of the temporary labor utilized on a daily basis. 3. Respondent notified Complainant on a job by job as needed basis as to the type of service it required of Complainant and provided Complainant with a jobsite location. 4. Each work order constitutes acceptance by Respondent of the service provided by Complainant and further provides that after thirty days of default of a billing statement, finance charges of 1-1/2% per month accrue. 5. It is undisputed that pursuant to the Contract and work orders executed by Respondent or his representative in November, 1997, Complainant provided temporary labor services to Respondent. Based on the Contract and work orders, Complainant sent billing statements to Respondent for payment for the services it rendered to Complainant during the above-mentioned period of time. 6. Respondent has not paid Complainant for the above-mentioned services and, as of the date of the hearing, the total amount Respondent owes Complainant is the sum of $4, 531.78, which includes accrued finance charges. 7. Respondent is in breach of the Contract and work orders by his failure to pay Complainant for the above-mentioned services. Therefore, it is determined that Respondent owes Complainant the sum of $4, 531.78. 8. Respondent did not present any evidence to refute or rebut the evidence presence by Complainant. CONCLUSIONS OF LAW The evidence of record established that Respondent has violated the provisions of A.R.S. 32-1154(A)(7) and (11). RECOMMENDED ORDER Commencing on the effective date of the Order entered in this matter, Respondent’s Class L-11 license shall be suspended until the Registrar of Contractors receives written proof that Respondent has paid or tendered the sum of $4,531.78 to Complainant. If Respondent pays or tenders the amount of $4,531.78 to Complainant on or before the Order’s effective date, then no license suspension shall be imposed and the entire Citation and Complaint in Case Number 98F-M1261- ROC shall be closed. Done this day, November 2, 1998.

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Michael P. Goldwater, Director Registrar of Contractors 800 West Washington, 6th Floor Phoenix, AZ 85007

ATTN: Joyce Armijo

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826