ALJDEC decisions subject to certification as final

09F-2737-ROC · Registrar of Contractors · 2009-11-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 2, 2009 APPEARANCES: Complainant Montevina Estate Homes, L.L.C. failed to appear. Charles Hultstrand, Esq. represented Respondent Opt Co Residential Painting, L.L.C. 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 2, 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, Opt Co Residential Painting L.L.C. (“Opt Co”) should be subject to discipline for acts or omissions in violation of A.R.S. § 32-1154(A). At the time set for hearing, Charles Hultstrand, Esq. represented Opt Co. Complainant Montevina Estate Homes, L.L.C. (“Montevina”) failed to appear or be represented. The Administrative Law Judge delayed the start of the scheduled hearing for approximately fifteen (15) minutes so as to allow added time for appearance by or on behalf of Montevina. When Montevina continued in its failure to appear after the expiration of a fifteen minute grace period, and failed to notify the Office of Administrative Hearings of cause for its absence or delay, the Administrative Law Judge convened the hearing and proceeded in Montevina’s absence. 2. Mr. Hultstrand made a motion to dismiss. Because Montevina failed to appear at hearing, it did not present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. Montevina, 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 Opt Co 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 Montevina, 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 40 days from the date of that certification. Done this day, November 2, 2009.

______________________________________ Sondra J. Vanella Administrative Law Judge

Original transmitted by mail this____ day of November, 2009, to:

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

By _______________________ -----------------------

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