ALJDEC decisions subject to certification as final

09F-0180-ROC · Registrar of Contractors · 2009-08-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 2009 at 9:00 a.m. APPEARANCES: Complainant Robert Kim did not appear; Respondent RND Home Improvements LLC appeared through its employee Randy Williams. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT 1. On October 27, 2005, the Arizona Registrar of Contractors (“the Registrar”) issued License No. 213167, Class C-05 for residential pre- hung windows, siding & entry door to Respondent RND Home Improvements, LLC, a limited liability company. 2. On July 10, 2008, the Registrar received Complainant Robert Kim’s complaint against Respondent’s license. The mailing address that Complainant provided on the complaint form was 5058 E. Shomi St., Phoenix, AZ 85044. This was also the jobsite address. 3. The Registrar’s Inspector Geoffrey Galgan performed a jobsite inspection and issued a corrective work order to Respondent on September 9, 2008. 4. Complainant subsequently requested a hearing. Complainant did not provide a new address on the request for hearing. 5. On April 28, 2009, the Registrar issued a Citation and Complaint against Respondent’s license, charging violations of A.R.S. § 32- 1154(A)(2), (7), (23), and (3) (namely A.A.C. R4-9-108). 6. Respondent timely answered the Citation and Complaint, stating that, although it had attempted to comply with the Corrective Work Order, Complainant had not returned telephone calls or provided access to the jobsite. 7. The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, to schedule and to conduct a fair hearing. 8. On June 10, 2009, the Registrar issued a notice of hearing, setting a hearing on August 12, 2009 at 9:00 a.m. 9. The Registrar mailed the Notice of Hearing to Complainant at 5058 E. Shomi St., Phoenix, AZ 85044. 10. Respondent appeared for the duly noticed hearing. 11. Although the beginning of the hearing was delayed fifteen minutes to allow Complainant additional travel time, he neither appeared, personally or through an attorney, contacted the Office of Administrative Hearings to request a continuance or that the start of the hearing be further delayed, nor presented any evidence to support his complaint against Respondent’s license. CONCLUSIONS OF LAW 1. The notice of the hearing that the Registrar mailed to Complainant at the address he provided was reasonable and he is deemed to have received it.[1] 2. Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence.[2] 3. Complainant by failing to appear at the duly noticed hearing failed to carry his burden of proof. RECOMMENDED ORDER Based on the foregoing, it is recommended that the Registrar dismiss Case No. 09-0180 against Respondent RND Home Improvements LLC’s License No. 213167, Class C-05. Done this day, August 12, 2009.

______________________________________ Diane Mihalsky Administrative Law Judge

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

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

By ___________________________ ----------------------- [1] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [2] See A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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