ALJDEC decisions subject to certification as final

09F-L0255-ROC · Registrar of Contractors · 2009-12-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 2, 2009 APPEARANCES: Neither party appeared. Inspector Cliff Corlett of the Registrar of Contractors was present. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. B W Construction, Inc. (“Respondent”) is the holder of License No. 194456, a Class A- contracting license issued by the Registrar of Contractors (“Registrar”). 2. William R. Allen Trucking (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent for services provided by Complainant. The Registrar designated the Complaint as Case No. L09-0255. 3. The Registrar issued a Citation and Complaint in Case No. L09-0255 alleging violations by Respondent of A.R.S. § 32-1154(A) (7) and (11). 4. The Registrar forwarded Case No. L09-0255 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. L09-0255 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 the parties or notification of any cause absence or delay. After the delay, the Administrative Law Judge conducted the hearing in the parties’ absence. 7. By its failure to appear at the hearing, Complainant failed to present any evidence to support the allegations contained in the Complaint, as charged in the Citation and Complaint issued by the Registrar. 8. There is no evidence that the parties reached 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 its failure to appear at the hearing, Complainant failed to sustain its burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (7) and (11), as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint in Case No. L09-0255 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, December 2, 2009.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors -----------------------

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