ALJDEC decisions subject to certification as final

09F-L0208-ROC · Registrar of Contractors · 2009-10-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 27, 2009. APPEARANCES: Anita K. Warren did not appear. Dougger, Inc. was represented by its authorized representative, Douglas Taylor. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Dougger, Inc. (“Respondent”) is the holder of License No. 172302, a Class K-80 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On January 16, 2009, Anita K. Warren (“Complainant”) filed a written Complaint with the Registrar alleging that Respondent failed to present her with final paperwork for a septic system and failed to repair a gate damaged by Respondent’s equipment on a project located at 1105 B Riverside Drive, Lake Havasu City, Arizona. The Registrar designated the Complaint as Case No. L09-0208. 3. The Registrar issued a Citation and Complaint in Case No. L09-0208 alleging violations by Respondent of A.R.S. § 32-1154(A) (7) and (3), namely A.A.C. R4-9-108. 4. The Registrar forwarded Case No. L09-0208 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. L09-0208 advising the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 7. By her failure to appear at the scheduled hearing, Complainant failed to present any evidence to support the allegations contained in her Complaint, as cited in the Citation and Complaint issued by the Registrar. 8. At the hearing, Respondent’s authorized representative, Douglas Taylor, informed the Administrative Law Judge that the parties had not entered into a settlement agreement in this matter. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. By her failure to appear at the hearing, Complainant failed to sustain her burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (7) and (3), as cited in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint in Case No. L09-0208 shall be dismissed on the effective date of the Order entered in this matter. 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, October 27, 2009

______________________________________ Brian Brendan Tully 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 ___________________________ -----------------------

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