ALJDEC decisions subject to certification as final

2009A-47700550-ROC · Registrar of Contractors · 2011-07-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REHEARING: June 23, 2011 APPEARANCES: Neither Hop Cassidy Pools, Inc. nor Jennan Construction and Development, Inc. appeared at the rehearing. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based on the record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Jennan Construction and Development, Inc. (“Respondent”) is the holder of License No. 127074, a Class B contracting license issued by the Registrar of Contractors (“Registrar”). 2. Pursuant to the Notice of Rehearing issued by the Registrar in Case No. 2009-47700550, this matter came on for an evidentiary rehearing before the Office of Administrative Hearings, an independent agency. 3. The Notice of Rehearing advised the parties and counsel of the time, date, and location of the rehearing. The Notice of Rehearing was sent to the parties and counsel at their addresses of record with the Registrar. The scope of the rehearing was not limited by the Registrar. 4. The commencement of the scheduled rehearing was delayed one hour to allow for the late arrival of the parties’ authorized representatives. After the delay, the Administrative Law Judge conducted the rehearing in the parties’ absence. 5. The Office of Administrative Hearings was not advised if the parties reached a settlement agreement. 6. By its failure to appear at the rehearing, the Complainant, Hop Cassidy Pools, Inc. (“Complainant”), failed to present any evidence in support of its Complaint in Case No. 2009-47700550. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this rehearing. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. By its failure to appear at the rehearing, Complainant failed to sustain its burden of proof in this matter. RECOMMENDED ORDER ON REHEARING The Citation and Complaint in Case No. 2009-47700550 shall be dismissed on the effective date of the Order enter 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, July 6, 2011.

/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