ALJDEC decisions subject to certification as final

08F-T1422-ROC · Registrar of Contractors · 2009-08-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 13, 2009; 8:00 a.m. APPEARANCES: Complainant Mr. Stephen K. Gunning failed to appear. Respondent Wholesale Window and Door, Inc. was represented by Mr. Larry Zak and Mr. Brian Olson, co-owners. ADMINISTRATIVE LAW JUDGE: Grant Winston _____________________________________________________________________ The following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The administrative hearing of this matter was duly scheduled and noticed to convene on July 13, 2009 at 8:00 a.m. Respondent Wholesale Window and Door, Inc. was represented by Mr. Larry Zak and Mr. Brian Olson, co-owners. Complainant Mr. Stephen K. Gunning failed to appear. 2. Notice of the hearing date, time and place was given both parties.

3. Complainant, in failing to appear, failed to present any evidence in support of the allegations made in his Complaint. Mr. Zak avowed on the record that the parties had not achieved any informal settlement. CONCLUSIONS OF LAW 1. This administrative hearing was held under authority of and pursuant to A.R.S. § 32-1156 and A.R.S. § 41-1092. 2. Complainant has brought this Complaint and accordingly must bear the burden of proof. A.A.C. R2-19-119. See also: Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (Ct. App. 1986); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 3. Consequently, the within record does not support any conclusion that the Respondent has violated any of the subsections of A.R.S. § 32-1154.A as set forth in the instant Citation and Complaint.

RECOMMENDED ORDER In view of the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that Citation and Complaint T08-1422, together with the Complaint on which it is based, be dismissed on the effective date of this Order (40 days after the date of service appearing on the Registrar’s certification on the Order). In the event of certification of the Administrative Law Judge’s Decision and Order by the Director of the Office of Administrative Hearings, then the effective date of the Order shall be 40 days after the date of that certification. Done this day, July 13, 2009.

______________________________________ Grant Winston Administrative Law Judge

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

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

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

Office of Administrative Hearings 100 N. Stone Avenue, Suite 704 Tucson, AZ 85701 (520) 628-5488 Fax: (520) 628-5575 www.azoah.com