ALJDEC decisions subject to certification as final

07F-G1208W-ROC · Registrar of Contractors · 2007-09-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 18, 2007. APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Order:

FINDINGS OF FACT

1. H M D Contracting, Inc. (“H M D”) is the holder of License No. 197538, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. Circle Double H Contracting, L.L.C. (“Circle”) is the holder of License No. 222112, a Class B- contracting license issued by the Registrar. 3. Jeff J. Horvath (“Complainant”) filed a written complaint with the Registrar of Contractors alleging statutory violations by H M D and Circle. 4. In response to the filed complaint, the Registrar issued a Citation and Complaint in Case Nos. G07-1208 and G07-1208W alleging that H M D and Circle violated the provisions of A.R.S. § 32-1154(A)(1) and (7). 5. The Registrar referred those cases to the Office of Administrative Hearings, an independent agency, for a consolidated hearing. 6. The Registrar issued a Notice of Hearing advising the parties of the time, date and location of the consolidated hearing. The notice was sent to the parties at their addresses of record with the Registrar. 7. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Complainant and an authorized representative for H M D and Circle. After the delay the Administrative Law Judge conducted the hearing in the parties’ absence. 8. There is no evidence that the parties had reached a settlement agreement. 9. By failing to appear at the hearing, Complainant failed to present any evidence to support his complaint.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over H M D and Circle as well as over the subject matter in these cases. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in these matters. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. As a result of defaulting in his appearance, Complainant failed to sustain his burden of proof in these matters. Therefore, it cannot be concluded that H M D and Circle committed the violations cited in the Citation and Complaint issued by the Registrar.

RECOMMENDED ORDER

The Citation and Complaint issued in Case Nos. G07-1208 and G07-1208W shall be dismissed on the effective date of the Order entered in these matters. 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, September 18, 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