ALJDEC decisions subject to certification as final

05F-T0237-ROC-COM · Registrar of Contractors · 2007-02-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 8, 2007, at 9:00 a.m. APPEARANCES: The Complainants failed to appear. The Respondent appeared through its authorized representative, Paul Barry. ADMINISTRATIVE LAW JUDGE: M. Douglas

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 parties had entered into a written Settlement Agreement and the Registrar of Contractors issued an Order adopting the parties’ Agreement. 2. The parties were in dispute as to whether the Respondent had complied with the terms and conditions of their Settlement Agreement and the Complainants filed the Complaint at issue requesting a Compliance Hearing. 3. The Complainants failed to present any evidence at the hearing in support of the allegations set forth in their Complaint that the Respondent had failed to comply with the terms and conditions of the prior Order of the Registrar of Contractors. CONCLUSIONS OF LAW 1. The Complainant, by the aforementioned default in appearance at the hearing for this matter, failed to sustain the required burden of proving the charges set forth in the Complaint by a preponderance of relevant, substantial and probative evidence. Consequently, the credible evidence of record does not support any findings that the Respondent has failed to comply with the terms and conditions of the prior Order of the Registrar of Contractors or that the Respondent has violated the charged provisions of A.R.S. Section 32-1154(A).

RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended this matter be closed. Done this day, February 8, 2007.

______________________________________ M. Douglas Administrative Law Judge

Original transmitted by mail this ____ Day of ____________, 2007, to:

Registrar of Contractors Fidelis V. Garcia Legal Department 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 100 North Stone Avenue, Suite 704 Tucson, Arizona 85701 (520) 628-5488