ALJDEC

01F-1523-ROC · Registrar of Contractors · 2001-09-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 14, 2001 APPEARANCES: Neither Complainant nor any person on his behalf arrived for the hearing. No person arrived on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn _____________________________________________________________________ FINDINGS 1. This matter was set for hearing, and then continued two times, finally set to be held on September 14, 2001, pursuant to the Notice of Hearing issued by the Arizona Registrar of Contractors (Registrar) and subsequent ORDERs from this Tribunal. 2. On June 14, 2001, Respondent filed its Motion to Dismiss the matter or, alternatively, continue the matter. Respondent argued that Complainant had provided additional information on seven jobs on May 10, 2001, at a previous hearing. Respondent argued that it had done diligent research on the information, and could not identify three of the projects Complainant had listed. Respondent argued that it had determined that, with respect to four of the projects, Complainant had not completed services to these four customers. However, Respondent also determined to allow an amount of a commission as to these projects. Respondent also determined that, with respect to two other projects, that a portion of one commission would be allowed, but that with respect to the other, it had lost monies, and amounts had to be deducted. 3. The matter was continued to be set for hearing to allow Complainant the opportunity to make his case, and present any arguments regarding Respondent in this matter. 4. Since June 14, 2001, Complainant did not provide any written notification in which he agreed the matter was resolved and/or withdraw his request for administrative hearing. 5. Complainant did not arrive at scheduled time of the hearing, or for fifteen minutes after its scheduled start time. CONCLUSIONS 1. Pursuant to Arizona law, the burden of proof regarding allegations made in the filed complaint and cited by the Registrar of Contractors (Registrar) in the Registrar’s Citation and Complaint is on the Complainant. 2. By his default in appearance in this matter, Complainant has not met his burden of proof in this matter. RECOMMENDED ORDER Based on the foregoing, IT IS RECOMMENDED Respondent’s Motion to Dismiss be GRANTED, and the Registrar’s Citation and Complainant No. 01-1523 be Dismissed, with no action taken on Respondent’s license. ORDERED and DATED this day, September 14, 2001.

______________________________________ Kay A. Abramsohn Administrative Law Judge

Original mailed this ____ day of September, 2001, to:

Michael P. Goldwater, Director Registrar of Contractors 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 PH(602) 542-9826/ FAX 542-9827