ALJDEC decisions subject to certification as final

08F-2713-ROC · Registrar of Contractors · 2009-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: January 5, 2009. APPEARANCES: Manuel Fraijo & Co., Inc. did not appear. Acapulco Spa Pool Company and Acapulco Fiberglass Pools, Inc. were represented by Michael Pawlar. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in these consolidated matters, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law and Recommended Orders:

FINDINGS OF FACT 1. Acapulco Spa Pool Company is the holder of License No. 155813, a Class B-05R contracting license, issued by the Registrar of Contractors (“Registrar”). 2. Acapulco Fiberglass Pools, Inc. is the holder of License No. 215189, a Class B-05 contracting license No. issued by the Registrar. 3. Acapulco Spa Pool Company and Acapulco Fiberglass Pools, Inc. are hereinafter jointly referred to as Respondents. 4. Manuel Fraijo and Co., Inc. (“Complainant”) filed written Complaints with the Registrar alleging statutory violations by Respondents. The Registrar designated the Complaint against Acapulco Spa Pool Company as Case No. 08-2713 and the Complaint against Acapulco Fiberglass Pools, Inc. as Case No. 08-2713W. 5. The Registrar issued a consolidated Citation and Complaint in Case Nos. 08-2713 and 08-2713W alleging possible violations by Respondents of A.R.S. § 32-1154(A) (7) and (11). 6. The Registrar forwarded Case Nos. 08-2713 and 08-2713W to the Office of Administrative Hearings, an independent agency, for a consolidated evidentiary hearing. 7. The Registrar issued a consolidated Notice of Hearing in Case Nos. 08- 2713 and 08-2713W advising the parties of the time, date, and location of the consolidated hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 8. The commencement of the scheduled consolidated hearing was delayed 15 minutes to allow for the late arrival of Complainant’s authorized representative. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 9. Respondents’ authorized representative, Michael Pawlar, announced that the parties had not reached a settlement agreement in these matters. 10. By its failure to appear at the consolidated hearing, Complainant failed to present any evidence in support of its written Complaints and the Citation and Complaint issued by the Registrar.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondents and the subject matters in these consolidated cases. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in these matters. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. By its default in appearance at the scheduled hearing, Complainant failed to present any evidence necessary to sustain its burden of proof in these matters.

RECOMMENDED ORDERS The Citation and Complaint in Case No. 08-2713 shall be dismissed on the effective date of the Order entered in that matter. The Citation and Complaint in Case No. 08-2713W shall be dismissed on the effective date of the Order entered in that 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, January 5, 2009

______________________________________ Brian Brendan Tully Administrative Law Judge

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

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

By ___________________________ -----------------------

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