ALJDEC decisions subject to certification as final

07F-M2401-ROC · Registrar of Contractors · 2008-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 17, 2008 APPEARANCES: Complainant Danette Larson failed to appear. Donald Toovey appeared on behalf of Respondent Toovey’s Custom Landscaping. 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 June 17, 2008 at 9:00 a.m., this matter came on for hearing pursuant to a Notice of Hearing issued by the Registrar of Contractors, to address whether Respondent Donald Claire Toovey, doing business as Toovey’s Custom Landscaping (“Toovey’s”), should be subject to discipline for acts or omissions in violation of A.R.S. § 32-1154(A). At the time set for hearing, Donald Toovey appeared on behalf of Toovey’s. Complainant Danette Larson failed to appear or be represented. 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 Ms. Larson. When Ms. Larson continued in her failure to appear after the expiration of a fifteen minute grace period, the Administrative Law Judge convened the hearing and proceeded in Ms. Larson’s absence. 2. Toovey’s made a motion to dismiss. Because Ms. Larson failed to appear at hearing, she did not present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. Ms. Larson, 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 Toovey’s 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 Ms. Larson, 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, June 17, 2008.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

Fidelis V. Garcia, Director Registrar of Contractors 3838 North Central Avenue Phoenix, AZ 85012

By ___________________________

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