ALJDEC decisions subject to certification as final

09F-2272-ROC · Registrar of Contractors · 2009-09-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 30, 2009 APPEARANCES: The Complainant appeared in his own behalf by telephone. Gery King, Member, appeared for the Respondent. ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. The Complainant appeared by telephone and the Respondent appeared personally. 2. Prior to the receipt of evidence, it was made a matter of record that the Complainant had filed a Complaint against the Respondent in the Small Claims Division of the Arcadia Biltmore Justice Court, Case Number CC2008013270SC. 3. The Complainant fully presented his case against the Respondent to the Small Claims Hearing Officer who dismissed the Complaint with prejudice. 4. Decisions rendered in Small Claims proceedings are not appealable. 5. Despite the decision in the Small Claims proceeding, the Complainant asserted the instant case should nevertheless be heard in the administrative forum because the Complainant did not believe the Small Claims decision was “fair”. The Complainant alleged the decision was biased and that the Small Claims Hearing Officer gave no reason for the basis of the decision. 6. The Complainant presented no evidence or argument to support the accusations of bias or unfairness in the Small Claims proceeding. Conclusions of Law The doctrine of res judicata provides that final decisions by a competent tribunal after a full opportunity of parties to present their case should be conclusive as to the rights of the parties. The doctrine supports the principle that absent legal error or irregularity in the proceedings, the law favors finality of decisions involving disputes between parties. In the instant case, the issues between the parties are the same as those presented in the Small Claims proceeding. The law recognizes the Small Claims forum as a competent tribunal for the resolution of certain legal disputes. The Complainant had a full and fair opportunity to present and did present his case in Small Claims. There is no competent evidence that the proceeding was biased against the Complainant or otherwise unfair to the Complainant. The Complainant’s case having been dismissed with prejudice in Small Claims Court and absent any sound reason to re-litigate matters heretofore decided by a competent tribunal, it is concluded the instant matter should be dismissed. Recommended Order It is recommended the Citation and Complaint upon which it is based be dismissed.

Done this day, September 30, 2009

______________________________________ Allen Reed 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