ALJDEC decisions subject to certification as final

08F-0224-ROC · Registrar of Contractors · 2010-02-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 8, 2010 APPEARANCES: John and Danielle Girard did not appear. Swisher Construction Company, Inc. was represented by its attorney, Bill Simon, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Swisher Construction Company, Inc. (“Respondent”) is the holder of License No. 106684, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. John and Danielle Girard (“Complainants”) filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondent. The Registrar designated their Complaint as Case No. 08- 0224. 3. The Registrar issued a Citation and Complaint in Case No. 08-0224 alleging violations by Respondent of A.R.S. § 32-1154(A) (2), (3), namely A.A.C. R4-9-108, (7), and (23). 4. The Registrar forwarded Case No. 08-0224 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 08-0224, which advised the parties and counsel of the time, date, and location of the hearing. The Notice of Hearing was sent to the parties and counsel at their addresses of record with the Registrar. 6. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainants and their attorney. After the delay, the Administrative Law Judge conducted the hearing in Complainants’ absence. 7. By their failure to appear at the hearing, Complainants failed to present any evidence to support the allegations contained in their Complaint, as cited in the Citation and Complaint issued by the Registrar. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainants have the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. By failing to appear at the hearing, Complainants failed to sustain their burden of proving the allegations contained in their Complaint, as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint issued in Case No. 08-0224 shall be dismissed on the effective date of the Order entered in this matter. 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, February 8, 2010.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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