ALJDEC decisions subject to certification as final

05F-M1822-ROC · Registrar of Contractors · 2005-08-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|FARNSWORTH WHOLESALE COMPANY | | No. 05F-M1822-ROC | | | | | |Complainant, | |ADMINISTRATIVE LAW JUDGE | | | |DECISION | |-v- | | | | | | | |License No. 140481 , Class L-37 | | | | | | | |CHARLES DAVID TINNEY DBA | | | |TINNEY PLUMBING (INDIV) | | | | | | | |Respondent. | | | | | | |

HEARING: August 9, 2005. APPEARANCES: Neither Complainant nor Respondent appeared. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ On August 8, 2005, Barry Benston, Legal Assistant to Mark A. Kirkorsky, Esq., filed a request[1] to vacate the hearing in this matter, a copy of which is attached to this Order. Mr. Benston’s filing of the motion constitutes the unauthorized practice of law pursuant to Rule 31 of the Rules of the Supreme Court of Arizona. In addition, Mr. Benston’s filing does not comply with the requirements of A.A.C. R2-19-106(C), which requires that a motion be filed within 15 days of the hearing absent good cause, and A.A.C. R2-19-108(E), which requires that a copy of any filing be sent to the opposing party. This tribunal cannot consider Mr. Benston’s request to vacate the hearing on behalf of Complainant. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. By its failure to appear at the scheduled hearing, Complainant has failed to sustain its burden of proof. Therefore, it is recommended that the Citation and Complaint in Registrar of Contractors Case No. M05-1822 be dismissed. In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the order will be 40 days from the date of that certification.

Done this day, August 9, 2005.

______________________________________ Brian Brendan Tully Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2005, to:

Israel G. Torres, Director Registrar of Contractors ATTN: Alicia Guerra 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

----------------------- [1] The motion was addressed to: AZ ROC, Attn: Administrative Hearings, 1400 West Washington Ste # 101, Phoenix, AZ 85007. The Office of Administrative Hearings is an independent agency, separate and apart from the Arizona Registrar of Contractors.

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