ALJDEC (decisions subject to certification as fin)

02F-Y0124-ROC-COM · Registrar of Contractors · 2002-12-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 13, 2002 at 8:30 a.m. APPEARANCES: The Complainant failed to appear. The Respondent appeared through its authorized representative, Jose Rojas. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

On December 13, 2002, this matter came on for a Compliance Hearing to determine whether the Respondent has substantially complied with the terms and conditions of the previously entered Decision and Order of the Registrar of Contractors. Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommendation on Compliance Hearing are made: FINDINGS OF FACT 1. The prior Order of the Registrar of Contractors, which has become final in the absence of any timely appeal, provides for the suspension of the Respondent’s Class B- License unless or until the Respondent has properly performed designated corrective action on the Complainant’s residence. 2. The Complainant was dissatisfied with the corrective action that the Respondent performed on his residence and filed a written communication which was treated as a request for a compliance hearing. The matter was then set for a formal compliance hearing. 3. Complainant failed to present any evidence at the compliance hearing in support of the allegations set forth in his request for a compliance hearing. CONCLUSIONS OF LAW Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in his request by a preponderance of relevant, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has failed to comply with the terms and conditions of the prior Order of the Registrar of Contractors. RECOMMENDATION on compliance hearing In view of the foregoing, it is recommended that this matter be closed. Done this day, December 27, 2002.

________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ day of December, 2002, 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 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488