ALJDEC decisions subject to certification as final

06F-M2374-ROC · Registrar of Contractors · 2007-08-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 20, 2007 APPEARANCES: Greg and Wendy Bauer, Complainants; Jay R. Graif, an attorney, on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Michael K. Carroll _____________________________________________________________________

Prior to commencement of the hearing in this matter, there was a discussion between the parties in the presence of the administrative law judge. During that discussion, Complainants indicated that they were not prepared to establish that Respondent was the licensee responsible for the construction of their home. Complainants stated that Caliber Homes was the contractor that built their home. Although both parties acknowledged some connection between Caliber Homes and Respondent, Complainants were not prepared to present evidence to establish the basis of that connection, and thus satisfy their burden of proof with respect to the allegations in the Citation against Respondent. The discussion was memorialized on the record and the hearing was concluded.

RECOMMENDED ORDER Based upon the foregoing, it is recommended that the Citation, together with the Complaint on which it is based, be dismissed,[1] and that this matter be remanded to the Registrar of Contractors. Done this day, August 20, 2007.

______________________________________ Michael K. Carroll 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 ___________________________

----------------------- [1] Pursuant to A.R.S. §41-1092.08D, failure by the Registrar of Contractors to accept, reject or modify this Decision within 30 days of receipt by the agency will result in this Decision being certified by the Office of Administrative Hearings as the final administrative decision. In the event of certification of this Decision by the Office of Administrative Hearings, the effective date of the Order in this matter will be 40 days from the date of that certification.

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