ALJDEC decisions subject to certification as final

07F-0230-ROC · Registrar of Contractors · 2007-07-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 24, 2007. APPEARANCES: Dale Ground did not appear. U.S. Home of Arizona Construction Co. was represented by its attorney, Arthur Pederson, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. U.S. Home of Arizona Construction Co. (“Respondent”) is the holder of License No. 065983, a Class B- contracting license issued by the Registrar of Contractors. 2. Dale Ground (“Complainant”) filed a written complaint with the Registrar of Contractors alleging statutory violations by Respondent. 3. In response to Complainant’s complaint, the Registrar of Contractors issued a Citation and Complaint in Case No. 07-0230 alleging possible violations by Respondent of A.R.S. § 32-1154(A)(7), (9), (23) and (3), namely A.A.C. R4-9-108. The Registrar of Contractors referred the case to the Office of Administrative Hearings, an independent agency, for formal hearing. 4. The Registrar of Contractors issued a Notice of Hearing advising the parties of the time, date and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar of Contractors. 5. The commencement of the hearing was delayed approximately 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. The Registrar of Contractors’ assigned inspector and Respondent’s attorney and witnesses were timely present. After the delay the Administrative Law Judge conducted the hearing in Complainant’s absence. 6. By his default in appearance at the hearing, Complainant failed to present any evidence in support of the Citation and Complaint.

CONCLUSIONS OF LAW

1. The Registrar of Contractors has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. Complainant failed to sustain his burden of proof. As a result of his failing to appear at the hearing, Complainant did not present any evidence that Respondent violated the statues cited in the Citation and Complaint.

RECOMMENDED ORDER

The Citation and Complaint in Case No. 07-0230 shall be dismissed on the effective date of the Order entered in this matter. 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, July 24, 2007

______________________________________ Brian Brendan Tully 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