ALJDEC decisions subject to certification as final

09F-1809-ROC · Registrar of Contractors · 2009-11-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 10, 2009 APPEARANCES: Complainants Brett and Wendy Hooper failed to appear or be represented. Scott Humble, Esq. represented Respondent Joel Drew Gerber and Cynthia Kay Ashworth, doing business as Century Custom Homes, L.L.P. 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 November 10, 2009 at 8:00 a.m., this matter came on for hearing pursuant to a Notice of Hearing issued by the Registrar of Contractors, to address whether Respondent Joel Drew Gerber and Cynthia Kay Ashworth, doing business as Century Custom Homes, L.L.P. (“Century”), should be subject to discipline for acts or omissions in violation of A.R.S. § 32-1154(A). At the time set for hearing, Scott Humble, Esq. represented Century. Complainants Brett and Wendy Hooper failed to appear or be represented. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes to allow added time for appearance by or on behalf of the Hoopers. When the Hoopers continued in their failure to appear after the expiration of a fifteen minute grace period, the Administrative Law Judge convened the hearing and proceeded in their absence. 2. Mr. Humble made a motion to dismiss. Because the Hoopers failed to appear at hearing, they did not present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. The Hoopers, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the Citation and Complaint by a preponderance of the evidence, and consequently the instant record does not support any finding that Century has violated the provisions of A.R.S. § 32-1154(A). See Arizona Administrative Code Rule R2-19-119. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by the Hoopers, it is recommended that this Citation, together with the Complaint upon which it is based, be dismissed. 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 forty (40) days from the date of that certification. Done this day, November 10, 2009.

/s/ Sondra J. Vanella Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors

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