ALJDEC decisions subject to certification as final

08F-2136-ROC · Registrar of Contractors · 2009-01-28

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 28, 2009 APPEARANCES: Complainants: Complainant failed to appear either personally or through any authorized representative or counsel. Respondents: Respondents failed to appear either through any authorized representative or counsel. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent S Richards LLC dba K B Pool Supply of Ahwatukee, LLC’s (“KB”) Class B-05, License No. 240063 and/or K B Pool Supply, LLC dba Jardin, LLC’s (“Jardin”) Class K-06, License No. 217089 as alleged by Complainant in his January 31, 2008 complaint[1] or the Registrar of Contractors’ August 27, 2008 Citation and Complaint. Based on the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT 1. This matter convened for hearing at the time, date and place set forth in the Registrar of Contractors Notice of Hearing dated December 24, 2008. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant and Respondents did not appear either individually or by any authorized representative or counsel. 2. As is evident by his non-appearance, Complainant presented no evidence at the hearing in support of the allegations set forth in his complaint.

CONCLUSIONS OF LAW 1. Upon the failure of a party to appear at a hearing, the Administrative Law Judge may issue a default decision. A.A.C. Rule 2-19- 117 2. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154A as charged in the instant Citation.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, IT IS RECOMMENDED that the entire Citation and Complaint in Case Nos. 08-2136 and 08-2136W be dismissed.[2] Done this day, January 28, 2009.

_______________________ Brian E. Smith Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2009, to:

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

By ________________________ ----------------------- [1] The referenced complaint lists only Jardin as the contractor; Respondent KB was also included in the Registrar of Contractors Citation and Complaint. [2] 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.

-----------------------

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