ALJDEC decisions subject to certification as final

08F-G0918-ROC · Registrar of Contractors · 2009-07-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 15, 2009 APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusion of Law, and Recommended Order are made: FINDINGS OF FACT 1. The hearing in this matter was scheduled to convene on Wednesday, July 15, 2009 at 9:00 a.m., to address whether Respondent Alan Bruce Stoner, doing business as Arizona Pool Remodeling and Service (“Arizona Pool”) should be subject to discipline for acts or omissions in violation of A.R.S. § 32- 1154(A). At the time set for hearing, neither Complainant 4 Sanchez Pool Plastering, L.L.C. (“4 Sanchez”) nor Arizona Pool appeared. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of 4 Sanchez or Arizona Pool. After the expiration of a fifteen minute grace period, both parties continued in their failure to appear and did not notify the Office of Administrative Hearings of any cause for their absence or delay. 2. Because 4 Sanchez did not appear for hearing, it failed to present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. By the aforementioned default in appearance at the hearing, 4 Sanchez failed to sustain the required burden of proving the charges set forth in the Citation and Complaint by a preponderance of the evidence, and consequently the instant record does not support any finding that Arizona Pool has violated the provisions of A.R.S. § 32-1154(A). See Arizona Administrative Code Rule R2-19-119. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Sanchez, it is recommended that the Citation in this matter, together with the Complaint upon which it is based, be dismissed. 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, July 15, 2009.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 North Central Avenue Phoenix, AZ 85012

By ___________________________

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