ALJDEC decisions subject to certification as final

2009A-36295936-ROC-RF · Registrar of Contractors · 2016-03-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 7, 2016 APPEARANCES: Everett Butler, Esq. appeared on behalf of Complainants. Assistant Attorney General Thomas Raine represented the Residential Contractors’ Recovery Fund (“the Fund”). No one appeared for Respondent to challenge the amount of the administrative payout from the Fund. ADMINISTRATIVE LAW JUDGE: Suzanne Marwil _____________________________________________________________________ FINDINGS OF FACT Respondent requested a hearing to challenge the amount of the administrative payout the Fund proposed to pay to Complainants. Complainants do not oppose the amount of the administrative payout and were prepared to present a prima facie case in support of the payout if it was challenged by Respondent. Respondent failed to appear at the hearing. The Tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Respondent. CONCLUSIONS OF LAW By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of the challenge to the proposed administrative payout from the Fund. See A.A.C. R2-19-119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, the Notice of Administrative Payout be affirmed as appropriate. 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, March 8, 2016.

/s/ Suzanne Marwil Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

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