ALJDEC
00F-0267-ROC-com · Registrar of Contractors · 2000-10-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|DAN AND NANCY YBANEZ, | | No. 00F-0267-ROC-com | | | |RECOMMENDED DECISION | |Complainant, | |OF ADMINISTRATIVE | | | |LAW JUDGE | |-v- | | | | | | | |License No. 138466, Class B-03 of | | | |FLUGER CONSTRUCTION INC. | | | |(CORP), | | | | | | | |Respondent. | | | | | | |
HEARING: October 4, 2000 APPEARANCES: No one appeared on behalf of the Complainant Robert Stewart, Esq. appeared on behalf of the Respondent ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ This matter came on for a Compliance Hearing at the time, date and place set forth in the Notice of Hearing. The Complainant failed to appear and no information was received which would show good cause for the non appearance. Although it was not considered necessary, the Respondent testified that he had gone to the Complainants home three times to do corrective work. He was denied access the first time (the work was outside the home but in a fenced area). No one was at the home after the Respondent had given notice that he was coming to do the corrective work the second time and finally the Respondent was told by the Complainant that she did not want him on the premises. Based on the above, the Respondent has been denied reasonable access to the home.
Recommended Order In view of the foregoing it is recommended that the Respondent be relieved from any further obligation to do corrective work at the Complainant’s home and that the Respondent be deemed in compliance with Registrar’s Order of April 10, 2000, which Order adopted the Recommended Decision of the Administrative Law Judge. It is further recommended that the case be closed.
Done this 5th day of October, 2000.
______________________________________ Allen Reed Administrative Law Judge
Original transmitted by mail this ____ day of ____________, 2000, to:
Registrar of Contractors Michael P. Goldwater Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007
By ___________________________
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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826