ALJDEC decisions subject to certification as final

07F-2364-ROC · Registrar of Contractors · 2008-02-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 25, 2008 APPEARANCES: Complainant Michael Mahar failed to appear. Jim Bennett appeared on behalf of Respondent Select Fine Floors, Inc., doing business as Select Wood Floors. C. G. Rominger appeared on behalf of Respondent John Vincent Enterprises, Inc., doing business as Monkey Business. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella Based upon the entire record in this matter, the following Findings of Fact, Conclusion of Law, and Recommended Order are made: FINDINGS OF FACT 1. The hearing in this matter was scheduled to convene on Monday, February 25, 2008 at 9:00 a.m., to address whether Respondents Select Fine Floors, Inc., doing business as Select Wood Floors (“Select”), and John Vincent Enterprises, Inc., doing business as Monkey Business (“Monkey Business”), should be subject to discipline for acts or omissions in violation of A.R.S. § 32- 1154(A). At the time set for hearing, Complainant Michael Mahar failed to appear. Jim Bennett appeared on behalf Select. C. G. Rominger appeared on behalf of Monkey Business. 2. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Mr. Mahar. The hearing convened after the expiration of a fifteen minute grace period when Mr. Mahar continued in his failure to appear and did not notify the Office of Administrative Hearings of any cause for his absence or delay. 3. Because Mr. Mahar did not appear for hearing, he failed to present any evidence in support of the allegations set forth in the complaints herein. CONCLUSION OF LAW 1. By the aforementioned default in appearance at the hearing, Mr. Mahar failed to sustain the required burden of proving the charges set forth in the Citations and Complaints by a preponderance of the evidence, and consequently the instant record does not support any finding that Select or Monkey Business has violated the provisions of A.R.S. § 32-1154(A). See Arizona Administrative Code Rule R2-19-119. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Mr. Mahar, it is recommended that the Citations in these matters, together with the Complaints upon which they are 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 will be 40 days from the date of that certification. Done this day, February 26, 2008.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of February, 2008, to:

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By ___________________________

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