ALJDEC decisions subject to certification as final

09F-0127-ROC · Registrar of Contractors · 2009-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 17, 2009 APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT 1. On March 30, 2009, the Registrar of Contractors issued a Notice of Compliance Hearing (“Notice”) advising the parties that the scheduled hearing in this matter would convene on June 17, 2009 at 1:30 p.m. On the date and at the time scheduled for the hearing, neither Complainant Ruiz’s Pool Plastering, L.L.C, nor Respondent Piscina Pools, L.L.C appeared for the hearing. The Administrative Law Judge delayed the commencement of the hearing for approximately fifteen minutes to allow for the appearance of the parties, or the receipt of any information that would constitute good cause for their absence or delay. No such information was received. 2. The Notice advised the parties that a compliance hearing in the above- captioned matter was scheduled to convene “in order to determine whether or not Respondent has fully complied with the terms of the Settlement Agreement.” 3. Complainant did not present any evidence at the hearing in support of its position that Respondent failed to comply with the terms of the Settlement Agreement in this matter. Thus, there is no basis to make a determination that Respondent failed to comply with said Settlement Agreement. CONCLUSIONS OF LAW 1. Complainant, by the aforementioned default in appearance at the hearing, failed to present any evidence supporting a claim that Respondent did not comply with the terms of the Settlement Agreement. 2. Without any evidence to support a finding of non-compliance, this matter should be closed. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant of its claim of non-compliance, it is recommended that this Citation (No. 09-0127), together with the Complaint upon which it is based, be closed. 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, June 17, 2009.

______________________________________ Sondra J. Vanella Administrative Law Judge

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

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

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

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