ALJDEC decisions subject to certification as final

08F-2663-ROC · Registrar of Contractors · 2008-11-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

CONSOLIDATED HEARING: November 17, 2008. APPEARANCES: Systems Installation and Technical Engineering, doing business as SITE, was represented by its corporate officer and qualifying party, Mike Brunting. Destiny Homes of Phoenix, LLC did not appear. 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 Orders:

FINDINGS OF FACT 1. Destiny Homes of Phoenix, LLC (“Destiny”) is the holder of License No. 196631, a Class KB-02 contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Systems Installation and Technical Engineering, doing business as SITE (“SITE”), is the holder of License No. 145079, a Class K-67 contracting license, issued by the Registrar. 3. Destiny and SITE filed written Complaints against each other with the Registrar. 4. The Registrar forwarded the above-entitled matters to the Office of Administrative Hearings, an independent agency, for formal hearing. 5. The above-entitled matters were consolidated for hearing. The parties were advised of the time, date and location of the consolidated hearing. 6. The commencement of the consolidated hearing was delayed 15 minutes to allow for the late arrival of an authorized represented for Destiny. After the delay the Administrative Law Judge conducted the consolidated hearing in the absence of Destiny. 7. Destiny filed a bankruptcy action. SITE’s officer and qualifying party, Mike Brunting, stated that his company had filed a request for relief from the automatic stay, but a ruling has not been made on its request. Therefore, Case No. 08-2326 shall be vacated from the calendar of the Office of Administrative Hearings and remanded to the Registrar. 8. By failing to appear at the hearing, Destiny failed to present any evidence in Case Nos. 08-2663, 08-2664, 08-2665, 08-2666, 08-2667, and 08-2668. The parties did not settle those matters.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over the parties and the subject matters in the above-entitled matters. 2. Pursuant to A.A.C. R2-19-119(B), SITE has the burden of proof in Case No. 08-2326. 3. Pursuant to A.A.C. R2-19-119(B), Destiny has the burden of proof in Case Nos. 08-2663, 08-2664, 08-2665, 08-2666, 08-2667, and 08-2668. 4. Pursuant to A.A.C. R2-19-119(A), the burden of proof is preponderance of the evidence. 5. Due to the automatic stay in Destiny’s bankruptcy action, the hearing in Case No. 08-2326 was vacated. 6. Due to Destiny’s failure to appear at the scheduled hearing, it failed to sustain its burden of proof in Case Nos. 08-2663, 08-2664, 08-2665, 08-2666, 08-2667, and 08-2668. Therefore, the Citations and Complaints in those matters should be dismissed.

RECOMMENDED ORDERS The hearing in Case No. 08-2326 shall be vacated from the calendar of the Office of Administrative Hearings, and Case No. 08-2326 is remanded to the Registrar for further handling. The Citations and Complaints in Case Nos. 08-2663, 08-2664, 08-2665, 08-2666, 08-2667, and 08-2668 are dismissed on the effective date of the Orders entered in those 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, November 17, 2008

______________________________________ Brian Brendan Tully 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