ALJDEC decisions subject to certification as final

07F-M1928W-ROC · Registrar of Contractors · 2008-04-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 9, 2008. APPEARANCES: Neither Ryan Henderson, Caliber Holdings Company, LLC, doing business as M J L Homes, nor Caliber Holdings Company, LLC appeared personally. Inspector B. Cruz of the Registrar of Contractors appeared timely. 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. Caliber Holdings Company, LLC, doing business as M J L Homes (“M J L Homes”), is the holder of License No. 211034, a Class B- contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Caliber Holdings Company, LLC (“Caliber”) is the holder of License No. 181417, a Class B- contracting license, issued by the Registrar. 3. Ryan Henderson (“Complainant”) filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondents. 4. In response to the filed Complaint against Respondents, the Registrar issued a Citation and Complaint in Case Nos. M07-1928 and M07-1928W alleging possible violations by Respondents of A.R.S. § 32-1154(A) (7), (23) and (3); namely A.A.C. R4-9-108. 5. The Registrar referred the Citation and Complaint in Case Nos. M07- 1928 and M07-1928W to the Office of Administrative Hearings, an independent agency, for formal hearing. 6. The Registrar issued a Notice of Hearing in Case Nos. M07-1928 and M07- 1928W advising the parties of the time, date and location of the formal hearing. A copy of the Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 7. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant and Respondents, or authorized representatives for them. After the delay, the hearing was conducted in their absence. 8. By his failure to appear at the scheduled hearing, Complainant failed to present any evidence to support the factual basis for the Citation and Complaint in Case Nos. M07-1928 and M07-1928W. 9. There is no evidence that the parties entered into a settlement agreement prior to the scheduled hearing.

CONCLUSIONS OF LAW

1. The Registrar has jurisdiction over Respondents and the subject matter in these consolidated 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. By his default in appearance at the hearing, Complainant failed to sustain his burden of proving that Respondents violated the provisions of A.R.S. § 32-1154(A) (7), (23) and (3); namely A.A.C. R4-9-108, as cited in the Citation and Complaint issued by the Registrar in Case Nos. M07-1928 and M07-1928W.

RECOMMENDED ORDER

The Citation and Complaint in Case Nos. M07-1928 and M07-1928W shall be dismissed on the effective date of the Order entered in those consolidated 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, April 9, 2008

______________________________________ Brian Brendan Tully Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 N. Central Ave. Phoenix, AZ 85012

By ___________________________ -----------------------

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