ALJDEC decisions subject to certification as final

2009A-2434214-ROC · Registrar of Contractors · 2011-11-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 28, 2011, at 1:00 p.m. APPEARANCES: The Complainant appeared on his own behalf. The Respondent appeared through its authorized representative, Maria Duran. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ This matter came on for a Compliance Hearing to determine whether the Respondent had fully complied with the terms of the Order of the Registrar. Evidence and testimony were presented, and the following Findings of Fact, Conclusions of Law and Recommended Order on Compliance Hearing are made: FINDINGS OF FACT 1. The Order Setting Compliance Hearing provides, in pertinent part, as follows: Upon review and consideration of Respondent’s Notice of Compliance, as well as the entire file in this matter, and with good cause appearing, IT IS ORDERED that a Compliance Hearing be scheduled in the expedited course of docketing in the Tucson area. At the Compliance Hearing, the parties’ may offer evidence and testimony as to whether or not Respondent has complied with the terms and conditions of the Registrar’s April 8, 2010 Order issued in this matter. If it is determined that Respondent has failed to fully comply with the Registrar’s written directives, absent unreasonable interference or denial of access by Complainant, then Respondent’s KB-2.224235-D License shall be subject to the immediate imposition of discipline. If it is determined that Complainant has unreasonably interfered or denied access to Respondent or its representatives in their attempt to comply with the Registrar’s April 8th Order, then Respondent’s License shall not be disciplined and the matter shall be closed as Respondent having fully complied with the terms of the Registrar’s April 8, 2010 Order.

2. The Respondent asserted that it had fully complied with the terms of the April 8, 2010 Order of the Registrar. 3. The Complainant asserted that the construction project was still not finished and that he was very dissatisfied with the Respondent’s workmanship on his construction project. 4. The assigned Agency Inspector testified that he had performed a pre- hearing inspection at the Complainant’s residence and found that the terms of the April 8, 2010 Order of the Registrar had been fully complied with. CONCLUSIONS OF LAW 2. Credible testimony and evidence, presented at the Compliance Hearing, established that the corrective actions set forth in the April 10, 2010 Order of the Registrar have been fully completed by the Respondent to within applicable workmanship and industry standards. Arizona Office of Administrative Hearings Rule R-2-19-119 entitled “Proof” provides, in pertinent part, as follows: A. Standard of proof. Unless otherwise provided by law, the standard of proof is a preponderance of the evidence. B. Burden of proof. Unless otherwise provided by law: 1. The party asserting a claim, right, or entitlement has the burden of proof; 2. A party asserting an affirmative defense has the burden of establishing the affirmative defense; and 3. The proponent of a motion shall establish the grounds to support the motion.

3. Credible testimony and evidence presented during the compliance hearing supported findings which establish that the Respondent has fully complied with the terms of the April 8, 2010 Order of the Registrar. / / / / / /

RECOMMENDed order on compliance hearing In view of the foregoing, it is recommended that this matter be closed as the Respondent having fully complied with the terms of the Registrar’s April 8, 2010 Order. In the event of certification of this 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 the certification. Done this day, November 29, 2011.

/s/ M. Douglas 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