ALJDEC decisions subject to certification as final

09F-2770W-ROC · Registrar of Contractors · 2009-09-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 10, 2009 at 1:30 p.m. APPEARANCES: Complainant Heriverto Enriquez did not appear; Respondent Best 1 Corp. appeared through its employees John Vergopia and Joe Kneen. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT On May 25, 2007, the Registrar of Contractors (“the Registrar”) issued License No. ROC233731, Class B- for residential general contracting to Respondent Best 1 Corp., a corporation. On November 5, 2007, the Registrar issued License No. ROC239088, Class L-07 for commercial carpentry to Respondent. On May 22, 2008, the Registrar issued License No. ROC245257, Class B-02 for general small commercial contracting to Respondent. On November 10, 2008, the Registrar received a complaint against Respondent’s licenses from Complainant Heciberto Enriquez. The complaint alleged that Respondent had employed Complainant in its contracting business and had failed to pay Complainant $1,940.00 in wages. Complainant provided its address on the complaint form as 2110 W. Washington St., Phoenix, AZ 85009. The Registrar referred the complaint to Respondent for its immediate attention. On December 2, 2008, the Registrar received Complainant’s request for hearing. Complainant did not provide any different address. On April 20, 2009, the Registrar issued a Citation and Complaint against Respondent’s license, charging violations of A.R.S. § 32-1154(A)(7) and (11). On April 29, 2009, the Registrar received Respondent’s written answer to the Citation and Complaint, which denied any statutory violation and denied that it had employed Complainant. The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, to schedule and to conduct a fair hearing. On June 17, 2009, the Registrar issued a Notice of Hearing, setting a hearing on September 10, 2009 at 1:30 p.m. at the Office of Administrative Hearings. The Registrar mailed a copy of the Notice of Hearing to Complainant at 2110 W. Washington Street, Phoenix, AZ 85009. Respondent’s representatives appeared for the duly noticed hearing on September 10, 2009. Although the Administrative Law Judge delayed the beginning of the hearing fifteen minutes to allow Complainant additional travel time, he neither appeared, personally or through an attorney, contacted the Office of Administrative Hearings to request a continuance or that the time for the hearing be further delayed, nor presented any evidence to establish its complaint against Respondent. CONCLUSIONS OF LAW The dispute lies within the Registrar’s jurisdiction to resolve.[1] The Notice of Hearing that the Registrar mailed to Complainant at the address he provided on his complaint was reasonable. Complainant is deemed to have received the Notice of Hearing.[2] Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence.[3] Complainant’s failure to appear at the duly noticed hearing or to offer any evidence to support his complaint precludes any finding of a statutory violation against Respondent. RECOMMENDED ORDER Based on the foregoing, it is recommended that, on the effective date of the Registrar’s final order, the Registrar dismiss Case Nos. 09-2770, 09- 2770W, and 09-2770X against Respondent Best 1 Corp.’s License Nos. ROC245257, Class B-02, ROC239088, Class L-07, and ROC233731, Class B-. If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty days from the date of certification. Done this day, September 10, 2009.

______________________________________ Diane Mihalsky Administrative Law Judge

Original transmitted by mail this ____ day of September, 2009, to:

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

By ___________________________ ----------------------- [1] See A.R.S. § 32-1101 et seq. [2] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [3] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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