ALJDEC decisions subject to certification as final

08F-2710-ROC · Registrar of Contractors · 2008-12-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 29, 2008. APPEARANCES: Designer’s Choice Painting, LLC did not appear. Eagle Pro Construction Residential, Inc. was represented by its authorized employee, William Heller. 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. Eagle Pro Construction Residential, Inc. (“Respondent”) is the holder of License No. 229719, a Class B- contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Designer’s Choice Painting, LLC (“Complainant”) filed a written Complaint with the Registrar alleging statutory violations by Respondent. The Registrar designated the Complaint as Case No. 08- 2710. 3. In response to the Complaint, the Registrar issued a Citation and Complaint in Case No. 08-2710 alleging possible violations by Respondent of A.R.S. § 32-1154(A) (7) and (11). 4. The Registrar forwarded Case No. 08-2710 to the Office of Administrative Hearings, an independent agency, for formal hearing. 5. The Registrar issued a Notice of Hearing in Case No. 08-2710 advising the parties of the time, date and location of the scheduled hearing. The Notice of Hearing was sent to the parties 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 an authorized representative for Complainant. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 7. Respondent’s authorized employee, William Heller, informed the Administrative Law Judge that the parties had not reached a settlement agreement in this matter. 8. By its default in appearance at the hearing, Complainant failed to present any evidence to support the Citation and Complaint.

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), Complainant has 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 its default in appearance at the hearing, Complainant failed to sustain its burden of proving the allegations of statutory violations by Respondent as cited in the Citation and Complaint in Case No. 08- 2710 issued by the Registrar.

RECOMMENDED ORDER The Citation and Complaint in Case No. 08-2710 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, December 29, 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