ALJDEC decisions subject to certification as final

07F-M1223-ROC-com · Registrar of Contractors · 2008-11-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 20, 2008 APPEARANCES: Both Complainant and Respondent failed to appear for the scheduled hearing. ADMINISTRATIVE LAW JUDGE: Mark A. Silver _____________________________________________________________________

Based upon the entire record in the matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made:

FINDINGS OF FACT

1. The instant matter came on for hearing pursuant to a decision of the Registrar of Contractors to hold a compliance hearing, limited to the issue of compliance with the terms and conditions of a previously entered Decision and Order in this matter. In this regard, the Registrar issued a Notice of Compliance Hearing, which provided that the instant compliance hearing shall be conducted “in order to determine whether Respondent has complied with the terms of settlement, absent unreasonable interference or denial of access by Complainants. If it is determined that Respondent has failed to comply with the terms of settlement, absent unreasonable interference or denial of access on the part of Complainants, Respondent’s Class C-62 License…may be subject to the immediate imposition of discipline.”

2. This Tribunal did not receive any communication from either party, regarding why they would not appear for the schedule compliance hearing. However, the assigned inspector for the Registrar of Contractors did appear at the hearing, albeit not at the appointed time for the commencement of the hearing.

3. Complainant did not present any evidence at the hearing in support of his position that Respondent failed to comply with the terms and conditions of the previously entered Decision and Order in this matter. Thus, there was no adequate proof of any breach of the settlement agreement. Accordingly, the matter should be closed as set forth in the original Decision and Order.

CONCLUSIONS OF LAW

1. Complainant, by the aforementioned default in appearance at the hearing, failed to present any evidence supporting a claim that Respondent did not comply with the terms and conditions of the previously entered Decision and Order.

2. Without any evidence to support a finding of non-compliance, this matter should be closed in accordance with the terms of the original Decision and Order. RECOMMENDED ORDER

In view of the foregoing, and in light of the lack of prosecution by Complainant of his claim of non-compliance, it is recommended that this Citation (no. 07F-M1223), together with the Complaint upon which it is based, be closed. 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 in this matter will be forty (40) days from the date of that certification.

Done this day, November 20, 2008

______________________________________ Mark A. Silver Administrative Law Judge

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

Armando Contreras, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________

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