ALJDEC decisions subject to certification as final

08F-RF0021-ROC · Registrar of Contractors · 2008-03-17

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 17, 2008 APPEARANCES: Plaintiff: Plaintiff failed to appear either personally or through any authorized representative or counsel. Defendant: Defendant failed to appear through any authorized representative or counsel. Registrar of Contractors: Assistant Attorney General Mona Baskin appeared on behalf of the Registrar of Contractors. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ Based on the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are issued:

FINDINGS OF FACT 1. This matter convened for hearing at the time, date and place set forth in the Registrar of Contractors’ Notice of Recovery Fund Payout Hearing dated February 12, 2008. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Plaintiff did not appear either personally or through any representative or counsel. 2. Taking administrative notice of the official records of the Registrar of Contractors, it was determined that on September 26, 2007 Plaintiff filed a request for hearing on the Registrar of Contractors’ Notice of Recovery Fund Ineligibility issued September 19, 2007. 3. As is evident by his non-appearance, Plaintiff presented no evidence at the hearing to support his claim for a payout from the Registrar of Contractors’ Recovery Fund. 4. Given Plaintiff’s non-appearance, counsel for the State, Assistant Attorney General Mona Baskin, moved to dismiss Plaintiff’s claim for a payout from the Recovery Fund and affirm the Registrar of Contractors’ denial of same.

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. Plaintiff, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving his entitlement to a payout from the Registrar of Contractors’ Recovery Fund by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that any payout should be made to Plaintiff in this matter.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Plaintiff, IT IS RECOMMENDED that the Recovery Fund’s denial of an award from the Fund to Plaintiff be sustained.[1] Done this day, March 17, 2008.

________________________ Brian E. Smith Administrative Law Judge

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

Registrar of Contractors Fidelis V. Garcia 3838 N. Central Ave., Ste. 400 Phoenix, AZ 85012-1906

By ______________________ ----------------------- [1] 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.

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