ALJDEC

00F-M1224-ROC · Registrar of Contractors · 2001-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|ROD COBB | | Case No. M00-1224 | |BETTER HOMES CONSTRUCTION, | |Docket No. 00F-M1224-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 098766, Class C-37 of | | | | | | | |AMBASSADOR PLUMBING INCORPORATED, | | | |(CORP), | | | | | | | |Respondent. | | | | | | |

HEARING: June 13, 2001, AT 1:30 p.m. APPEARANCES: COMPLAINANT: no one appeared. RESPONDENT: by Mike Messersmith, authorized representative, and John O’Keefe. REGISTRAR OF CONTRACTORS: Inspector Van Bagley.

ADMINISTRATIVE LAW JUDGE: Anthony Halas ________________________________________________________________ The above-entitled matter came on for hearing on June 13, 2001, at 1:30 p.m., pursuant to advance notice duly sent to named Complainants[1] and Respondent. Although the start of the scheduled hearing was delayed for approximately 15 minutes to afford added time in which to make an appearance, no one appeared on behalf of either named Complainant, nor was information received to explain such absence. Complainant, by the aforementioned default in appearance at the hearing, has failed to sustain the required burden of proof. Accordingly, it is recommended that the complaint in Case No. 00F- M1244-ROC be dismissed. Done this day, June 13, 2001.

________________________________ Anthony Halas Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] The undersigned notes that the Complainant in this matter is captioned as: “ROD COBB BETTER HOMES CONSTRUCTION” Reference to the Registrar’s file copied to the Office of Administrative Hearings indicates that Rob Cobb was the homeowner of the residence where and at the time the work in question was done, but that the complaint filed with the Registrar on March 10, 2001, was signed by a representative of Better Homes Construction, as was the request for hearing filed on January 24, 2001. Although the Notice of Hearing was sent to Cobb at the residence/jobsite address (and to Better Homes Construction at its address provided on the complaint), there is no indication that Cobb has taken any role, affirmative or otherwise, in pursuit of this complaint.

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