ALJDEC decisions subject to certification as final

07F-G0238-ROC · Registrar of Contractors · 2007-04-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 19, 2007. APPEARANCES: Anthony Mitek did not appear. Tierra Contracting, Inc. was represented by its president and qualifying party, Richard Juarez, Sr. 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 are made:

FINDINGS OF FACT

1. Tierra Contracting, Inc. (“Tierra Contracting”) is the holder of License No. 119095, a Class C-37R license issued by the Registrar of Contractors. 2. Anthony Mitek (“Complainant”) filed a written Complaint with the Registrar of Contractors alleging statutory violations by Respondent. 3. In response to the filed Complaint, the Registrar of Contractors issued a Citation and Complaint in Case No. G07-0238 alleging possible violations by Respondent of A.R.S. § 32-1154(A)(7). 4. The Registrar of Contractors issued a Notice of Hearing notifying the parties that a formal hearing would be conducted before the Office of Administrative Hearings, an independent agency, on April 19, 2007 at 1:30 p.m. 5. The commencement of the scheduled hearing was delayed approximately 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 6. Complainant failed to present any evidence in support of his Complaint against Respondent.

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. By his default in appearance at the hearing, Complainant failed to sustain his burden of proof in this matter. 4. Respondent did not violate the provisions of A.R.S. § 32-1154(A)(7), as cited in the Citation and Complaint issued by the Registrar of Contractors.

RECOMMENDED ORDER

The Citation and Complaint in Case No. G07-0238 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 19, 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