ALJDEC decisions subject to certification as final

07F-M0230-ROC · Registrar of Contractors · 2007-09-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 10, 2007 APPEARANCES: Complainant Sunrise Steel, Inc. failed to appear. Murray Zeigler, Esq. represented Respondent Exclusive Development, 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 Monday, September 10, 2007 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 Exclusive Development, Inc. (“Exclusive”) should be subject to discipline for acts or omissions in violation of A.R.S. § 32- 1154(A). At the time set for hearing, Murray Zeigler, Esq. represented Exclusive. Complainant Sunrise Steel, Inc. (“Sunrise”) failed to appear. 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 Sunrise. When Sunrise 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 Sunrise’s absence. 2. Mr. Zeigler made a motion to dismiss. Because Sunrise 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. Sunrise, 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 Exclusive 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 Sunrise, 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, September 11, 2007.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this ____ day of September, 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