ALJDEC decisions subject to certification as final
06F-M2029-ROC-com2 · Registrar of Contractors · 2009-07-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
|BRIAN NOVAK AND CINDY NOVAK | | Nos. 06F-M2029-ROC-com2 | | | |06F-M2029W-ROC-com2 | |COMPLAINANTS, | |06F-M2030W-ROC-com2 | |-v- | | | | | | | |License No. 211034, Class B- of | |ADMINISTRATIVE | |CALIBER HOLDINGS COMPANY, L.L.C. dba| |LAW JUDGE DECISION | |M J L Homes (LLC) | |ON FINAL COMPLIANCE | | | |HEARING | |License No. 181417, Class B- of | | | |CALIBER HOLDINGS COMPANY, L.L.C. | | | |(LLC) | | | | | | | |And | | | | | | | |License No. 211034, Class B- of | | | |CALIBER HOLDINGS COMPANY, L.L.C. dba| | | |M J L Homes (LLC) | | | | | | | | | | | |RESPONDENTS. | | | | | | |
HEARING: July 28, 2009 APPEARANCES: Neither Complainants nor Respondents appeared. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT 1. Complainants did not present any evidence at the hearing in support of the allegation that Respondents failed to comply with the terms and conditions of the Registrar of Contractors’ Compliance Order issued on August 1, 2007. CONCLUSION OF LAW 1. Complainants, by the aforementioned default in appearance at the hearing, failed to establish that Respondents have not complied with the Registrar of Contractors’ August 1, 2007 Order, and have caused further damage to the property. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution of the claim of non-compliance by Complainants, it is recommended that these Citations (Nos. M06-2029, M06-2029W, and M06-2030W), together with the Complaints upon which they are based, be closed with prejudice, not subject to being reopened, in accordance with the April 21, 2009 Notices of Compliance Hearing. 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, July 28, 2009.
______________________________________ Sondra J. Vanella Administrative Law Judge
Original transmitted by mail this ____ day of July, 2009, to:
William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 North Central Avenue Phoenix, AZ 85012
By ___________________________
-----------------------
Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826