ALJDEC decisions subject to certification as final

2009A-16162065-ROC · Registrar of Contractors · 2012-01-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 14, 2011

APPEARANCES: Complainant failed to appear; Respondent was represented by corporate President and Qualifying Party William Norton and Vice President Alan Norton.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

This matter was set as a compliance hearing after Respondent requested closure of the case via correspondence to the Registrar of Contractors (“ROC”) dated July 12, 2010, due to non-communication from Complainant after Respondent attempted to schedule corrective work. The ROC sent a copy of the request to Complainant. Complainant did not respond. The matter was then set for compliance hearing upon Respondent’s request for closure.( As noted, at the time for hearing, Respondent appeared but Complainant did not. This tribunal waited fifteen minutes beyond the scheduled start time but Complainant did not appear. Therefore, Complainant was not present to offer evidence challenging Respondent’s statements, through correspondence to the ROC, that Respondent was denied access due to Complainant’s failure to respond or communicate with Respondent. Based on Respondent’s uncontested statements, the matter should be closed due to Complainant’s failure to provide reasonable access for Respondent to make the repairs. Thus, the record reflects that Respondent was willing to make repairs, but Complainant would not communicate with Respondent. Based on the foregoing, it is hereby recommended that Citation and Complaint 2009-16162065 (formerly 09-1616) be closed.

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, January 3, 2012.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ( The Order Setting Compliance Hearing, issued by the ROC on October 18, 2011, indicates that Respondent’s license was not suspended as a result of the original ROC Decision and Order in this matter.

-----------------------

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