ALJDEC decisions subject to certification as final

2009A-47435673-ROC · Registrar of Contractors · 2011-10-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 22, 2011

APPEARANCES: Complainants failed to appear; Respondent was represented by LLC Member Ruben Mendoza; ROC Inspector Phil Coscia.

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 February 26, 2010 and March 4, 2010, due to denial of access. Complainants objected and the matter was set for compliance hearing. At the time for hearing, Respondent appeared but Complainants did not. This tribunal waited fifteen minutes beyond the scheduled start time but Complainants did not appear. Therefore, Complainants were not present to offer evidence challenging Respondent’s statements, through the correspondence to the ROC, that Respondent was denied access. Based on Respondent’s uncontested statements, the matter must be closed for failure to provide reasonable access to make the repairs. Based on the foregoing, it is hereby recommended that Citation and Complaint 2009-47435673 (formerly 09-4743) 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, October 11, 2011.

/s/ Eric A. Bryant 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