ALJDEC decisions subject to certification as final

07F-G0221-ROC · Registrar of Contractors · 2007-04-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 23, 2007. APPEARANCES: Larry W. Bilderback and Georgene Bilderback did not appear. Milton Clark Vines appeared personally. 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. Milton Clark Vines, doing business as Vines Cabinetry (“Respondent”), is the holder of License No. 178401, a Class C-30 contracting license issued by the Registrar of Contractors. 2. Larry W. Bilderback and Georgene Bilderback (“Complainants”) filed a Complaint with the Registrar of Contractors alleging statutory and regulatory violations by Respondent. 3. In response to the filed Complaint, the Registrar of Contractors issued a Citation and Complaint in Case No. G07-0221, which alleges possible violations by Respondent of A.R.S. § 32-1154(A)(2), (7), (23) and (3), namely A.A.C. R4-9-108. 4. The Registrar of Contractors referred this matter to the Office of Administrative Hearings, an independent agency, for formal hearing. 5. The commencement of the hearing was delayed approximately 15 minutes to allow for the late arrival of Complainants or an attorney authorized to represent them. After the delay, the Administrative Law Judge conducted the hearing in Complainants’ absence. 6. By their default in appearance at the hearing, Complainants failed to present any evidence to support their 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), Complainants have the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. By their default in appearance at the hearing, Complainants failed to sustain their burden of proof in this matter. 4. Respondent did not violate the provisions of A.R.S. § 32-1154(A)(2), (7), (23) and (3), namely A.A.C. R4-9-108, as cited in the Citation and Complaint issued by the Registrar of Contractors in Case No. G07- 0221.

RECOMMENDED ORDER

The Citation and Complaint in Registrar of Contractors Case G07-0221 is 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, April 23, 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