ALJDEC decisions subject to certification as final

09F-1027-ROC · Registrar of Contractors · 2009-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 22, 2009. APPEARANCES: Jesus R. Garcia did not appear. Speedy Gonzalez Construction, Inc. was represented by its office manager, Cristian Diaz. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Speedy Gonzalez Construction, Inc. (“Respondent”) is the holder of License No. 170750, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. In response to a written Complaint filed by Complainant, the Registrar issued a Citation and Complaint in Case No. 09-1027 alleging violations by Respondent of A.R.S. § 32-1154(A) (7). 3. The Registrar forwarded Case No. 09-1027 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 4. The Registrar issued a Notice of Hearing in Case No. 09-1027 advising the parties of the time, date and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 5. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 6. By his default in appearance at the hearing, Complainant failed to present any evidence in support of the allegations made in the Citation and Complaint. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. By his failure to appear at the hearing, Complainant failed to sustain his burden of proving the allegations set forth in the Citation and Complaint. RECOMMENDED ORDER The Citation and Complaint in Case No. 09-1027 shall be dismissed on the effective date of the Order entered in this matter. 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 22, 2009

______________________________________ Brian Brendan Tully 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 ___________________________

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