ALJDEC decisions subject to certification as final

09F-2774-ROC · Registrar of Contractors · 2009-09-15

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 15, 2009 APPEARANCES: Complainant: Complainant failed to appear either personally or by authorized representative or counsel. Respondent: John Vergopia, managing director, appeared on behalf of Respondent, pro per. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent’s Class B-02 License No. 245257 and/or Class L-07 License No. 239088 as alleged by Complainant in his November 10, 2008 Complaint or the Registrar of Contractors’ April 21, 2009 Citation and Complaint. Based on the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made: …

FINDINGS OF FACT 1. This matter convened for hearing at the time, date and place set forth in the Registrar of Contractors’ Notice of Hearing dated July 23, 2009. Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant failed to appear either personally or through an authorized representative or counsel. 2. As is evidenced by his non-appearance, Complainant presented no evidence at the hearing in support of the allegations set forth in his Complaint. 3. Given Complainant’s non-appearance, Respondent’s representative, John Vergopia, moved to dismiss the Complaint.

CONCLUSIONS OF LAW 1. Upon the failure of a party to appear at a hearing, the Administrative Law Judge may issue a default decision. A.A.C. Rule 2-19- 117 2. Complainant, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the complaint by a preponderance of reliable, substantial and probative evidence. Consequently, the record does not support any finding that Respondent has violated the provisions of A.R.S. §32-1154(A) as charged in the instant Citation.

RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Complainant, IT IS RECOMMENDED that the entire Citation and Complaint in Case Nos. 09-2774 and 09-2774W be dismissed.[1] Done this day, September 15, 2009.

______________________ Brian E. Smith 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 ___________________________ ----------------------- [1] 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 in this matter will be forty (40) days from the date of that certification.

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