ALJDEC decisions subject to certification as final

06F-2396-ROC · Registrar of Contractors · 2007-05-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 7, 2007 APPEARANCES: Complainant failed to appear and Respondent appeared through its owner and qualifying party, Gilberto Maldonado (“Maldonado”) ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________ Evidence and testimony were presented and, based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. Complainant filed a very belated motion to vacate the scheduled hearing. Respondent did not respond to the filed motion, but instead appeared for the hearing and voiced his objection, at that time, to the motion.

2. Based on Respondent’s objections to the motion to vacate, this Tribunal did not grant the motion. Until, he was advised that the matter had been vacated, Complainant remained obligated to appear for the scheduled hearing.

3. Maldonado testified that Respondent had absolutely nothing to do with the project at issue herein and the work was performed by someone else.

4. The assigned Registrar of Contractors’ inspector appeared at the hearing and testified regarding his investigation of the Complaint. He indicated that after his jobsite inspection, he issued a Registrar of Contractors’ form RC-C-007 indicating, among other things, that he could find no evidence which would “tie” the contractor to this job.

5. Complainant did not present any evidence at the hearing in support of the allegations set forth in the complaint herein.

CONCLUSIONS OF LAW

1. Complainant , by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of relevant, substantial and probative evidence and consequently the instant record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant, it is recommended that this citation (no. 06-2396), together with the Complaint upon which it is based, 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 in this matter will be forty (40) days from the date of that certification.

Done this day, May 10, 2007

______________________________________ Mark A. Silver Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors Legal Department 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 (602) 542-9826