ALJDEC decisions subject to certification as final

08F-G0827-ROC · Registrar of Contractors · 2008-12-18

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 18, 2008 APPEARANCES: Complainants: Complainants Keystone Life Style Homes, LLC and Keystone American Homes, LLC both failed to appear either by authorized representative or counsel. Respondent: Christi Rogers, CFO, appeared and was represented by counsel, D. Aaron Brown. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent’s Class C-10 License No. 144859 as alleged by Complainant Keystone Life Style Homes, LLC (“KLSH”) in its November 26, 2007 complaint or the Registrar of Contractors’ June 4, 2008 Citation and Complaint in Case No. G08-0827 and/or Complainant Keystone American Homes, LLC (“KAH”) in its November 20, 2007 complaint or the Registrar of Contractors’ June 3, 2008 Citation and Complaint in Case No. 08-1265. 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. These consolidated matters convened for hearing at the time, date and place set forth in this tribunal’s November 4, 2008 Order Granting Motion to Consolidate. Although the start of the hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, neither complainant appeared either through any authorized representative or counsel.[1] 2. As is evident by their non-appearance, neither complainant presented any evidence at the hearing in support of the allegations set forth in their respective complaints. 3. Given the complainants’ non-appearance, Respondent counsel moved to dismiss the complaints.

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 9-22- 801 2. Complainants, by their respective defaults in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the above-referenced complaints 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 a charged in the instant citations.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by complainants KLSH and KAH, IT IS RECOMMENDED that the entire CITATION AND COMPLAINT in Case Nos. G08-0827 and 08-1265 be dismissed with prejudice for failure to prosecute.[2] Done this day, December 18, 2008.

_______________________ Brian E. Smith Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

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

By __________________ ----------------------- [1] It should be noted that on December 17, 2008, the eve of the hearing date, Respondent filed via email with this tribunal a Notice of Receipt of Apparent Withdrawal and Motion for Restitution. Therein, Respondent advised, inter alia, that it had received a communication from complainants’ representative, Hugh Kealer, which related that complainants would not be appearing at the instant hearing as they had decided to “shut [their] doors permanently.” [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