ALJDEC decisions subject to certification as final

07F-2756-ROC · Registrar of Contractors · 2008-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 19, 2008 APPEARANCES: Complainant Plaza Water Front Condominiums failed to appear. Robert Blackstock and Walter Lee appeared on behalf of Respondent Hired Guns Drywall, Inc. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ 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. On Tuesday, February 19, 2008 at 9:00 a.m., this matter came on for regularly scheduled hearing pursuant to a Notice of Hearing issued by the Registrar of Contractors, to address whether Respondent Hired Guns Drywall, Inc. (“Hired Guns”), should be subject to discipline for acts or omissions in violation of A.R.S. § 32- 1154(A). At the time set for hearing, Robert Blackstock and Walter Lee appeared on behalf of Hired Guns. Complainant Plaza Water Front Condominiums (“Plaza”) failed to appear or be represented, notwithstanding a Notice of Appearance by John D. Parker, II, Esq. filed on February 14, 2008, on Plaza’s behalf. 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 Plaza. When Plaza continued in its failure to appear after the expiration of a fifteen minute grace period, the Administrative Law Judge convened the hearing and proceeded in Plaza’s absence.[1] 2. Hired Guns made a motion to dismiss. Because Plaza failed to appear at hearing, it did not present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. Plaza, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the Citation and Complaint by a preponderance of the evidence, and consequently the instant record does not support any finding that Hired Guns 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 Plaza, it is recommended that this Citation, 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 will be 40 days from the date of that certification. Done this day, March 3, 2008.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

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

By ___________________________

----------------------- [1] On February 19, 2008 at 10:47 a.m., Mr. Parker faxed to the Office of Administrative Hearings a Motion to Continue Hearing that appears to have been filed with the Registrar of Contractors on February 12, 2008. In the Motion, Plaza requests a continuance of the hearing for the reason that Mr. Parker was recently retained as counsel and needs additional time to prepare for hearing. Plaza’s Motion was received by the Office of Administrative Hearings after the time set for hearing, however, even had the motion been received prior to hearing, it would have been denied under A.R.S. § 41-1092.07 and A.A.C. R2-19-106(C) as having been untimely filed and not demonstrating good cause for continuance. Further, because the Motion had not been ruled upon prior to hearing, it was incumbent upon Plaza to appear for hearing.

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