ALJDEC decisions subject to certification as final

09F-H0265-ROC · Registrar of Contractors · 2009-11-04

STATE OF ARIZONA IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 4, 2009 APPEARANCES: Complainant: Complainant failed to appear either through authorized representative or counsel. Respondent: Respondent failed to appear either through authorized representative or counsel. ADMINISTRATIVE LAW JUDGE: Brian E. Smith _____________________________________________________________________ A hearing was convened to determine whether disciplinary sanctions should be imposed against Respondent’s Class B- License No. 192793 as alleged by Complainant in its January 26, 2009 Complaint or the Registrar of Contractors’ June 9, 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 via videoconference at the time, date and place set forth in the September 24, 2009 Notice of Hearing issued by the Registrar of Contractors (“ROC/Registrar”). Although the start of the scheduled hearing was delayed over fifteen (15) minutes to afford time in which to make an appearance, Complainant and Respondent did not appear either by any authorized representative or counsel.[1] 2. As is evident by its non-appearance, Complainant presented no evidence at the hearing in support of the allegations set forth in its 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 No. H09-0265 be dismissed.[2] Done this day, November 4, 2009.

/s/ Brian E. Smith Administrative Law Judge

Electronically transmitted to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] It should be noted that on November 3, 2009, Respondent’s qualifying party, William Bennett, filed with the Office of Administrative Hearings a Notice of Stay of Proceedings annexed to which was a copy of a Voluntary Petition of bankruptcy for Mr. Bennett and his wife, Rachel Lynn, from the United States Bankruptcy Court for the Central District of California, Northern Division, Case No. 09-1458 7. As no evidence of Respondent’s corporate bankruptcy was received or otherwise indicated, the hearing proceeded as scheduled. [2] 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