ALJDEC decisions subject to certification as final

09F-2064-ROC · Registrar of Contractors · 2009-08-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 3, 2009. APPEARANCES: Neither Canyon Custom, L.L.C. nor Sterling Doors, Inc. appeared. 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. Sterling Doors, Inc. (“Respondent”) is the holder of License No. 195792, a Class K-60 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Canyon Custom, L.L.C. (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent for work Complainant had performed. The Registrar designated the Complaint as Case No. 09- 2064. 3. The Registrar issued a Citation and Complaint in Case No. 09-2064 alleging violations by Respondent of A.R.S. § 32-1154(A) (7), (11), and (13), specifically A.R.S. § 32-1124(B). 4. The Registrar forwarded Case No. 09-2064 to the Office of Administrative Hearings, an independent agency, for formal hearing. 5. The Registrar issued a Notice of Hearing in Case No. 09-2064 advising the parties of the time, date, and location of the evidentiary hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of authorized representatives for Complainant and Respondent. After the delay, the Administrative Law Judge conducted the hearing in the parties’ absence. 7. By its failure to appear at the hearing, Complainant failed to present any evidence to support the allegations in its Complaint, as cited in the Citation and Complaint issued by the Registrar. 8. There is no evidence that the parties had reached a settlement agreement in this matter. 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. The Administrative Law Judge concludes that Complainant failed to sustain its burden of proof in this matter. By its default in appearance at the hearing, Complainant did not present any evidence to support the allegations contained in its Complaint. RECOMMENDED ORDER The Citation and Complaint in Case No. 09-2064 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, August 5, 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