ALJDEC

00F-0263-ROC · Registrar of Contractors · 2000-03-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ALBERT RECHICHAR JR. AND | | No. 00F-0263-ROC | |BARBARA BENAVIDEZ, | | | | | |RECOMMENDED DECISION | |Complainants, | | | | | |AND ORDER OF THE | |v. | | | | | |ADMINISTRATIVE | |License No. 119977, Class B of | | | |HANCOCK COMMUNITIES, INC. | |LAW JUDGE | |(CORP.), | | | | | | | |Respondent. | | | | | | |

This matter was called for hearing at 9:15 A.M. The start of the hearing was delayed fifteen minutes to give the Complainants additional time to travel to the hearing, but they did not make an appearance. Mr. Melvin R. Purchase, the inspector of the Arizona Registrar of Contractors (“Registrar”) assigned to this case, testified that late on March 21, 2000, he had received a telephone message from Mr. Albert Rechichar, Jr. wherein Mr. Rechichar advised Mr. Purchase that the Complainants were not going to appear at the hearing on March 22, 2000, and they did not wish to proceed with their complaint, as the items had been corrected, and they accepted the skip trowel texture of the drywall. In these disciplinary cases, complainants have the burden of proof. See Rule R2-19-119(B)(1), Ariz. Admin. Code. As the Complainants do not wish to proceed with their complaint, and Respondent Hancock Communities, Inc. moved to dismiss this matter, Administrative Law Judge George A. Schade, Jr. recommends that Citation and Complaint No. 00-0263 be dismissed. This citation should be dismissed, as Complainants do not wish to proceed with the complaint, Respondent complied with the workmanship items contained in Mr. Purchase’s Corrective Work Order, the issue of the drywall texture is a contractual and not a workmanship issue, and Respondent was prepared to present its defenses at the hearing. RECOMMENDED ORDER It is recommended that the Registrar dismiss Citation and Complaint No. 00-0263. SUBMITTED this 22d day of March, 2000.

George A. Schade, Jr. Administrative Law Judge

The original Recommended Decision and Order of the Administrative Law Judge was mailed on March 22, 2000, for distribution to the parties, to:

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

George A. Schade, Jr. -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826