ALJDEC decisions subject to certification as final

2009A-51000006-ROC-com · Registrar of Contractors · 2011-11-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 28, 2011

APPEARANCES: No one appeared on behalf of Complainant; no one appeared for Respondent. ROC Inspector Geoff Galgan was present to testify.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

The hearing in this matter was set as a compliance hearing and scheduled for 8:00 a.m. on November 28, 2011. As noted above, Complainant did not appear at the appointed time and place. Neither did Respondent appear. This tribunal waited until 8:20 a.m., but neither party appeared. Because this matter was a compliance hearing, the Administrative Law Judge was directed in the Notice of Compliance Hearing “to determine whether or not Respondent violated [former] A.R.S. § 32-1154(A)(7)[1] by failing to comply with the terms of the parties’ Settlement Agreement.” Based on the following, the Administrative Law Judge determines that Respondent has not failed to comply. Because neither party appeared, no evidence was presented. Therefore, there is no evidence to support a finding that Respondent failed to comply with the Settlement Agreement referred to in the Notice of Compliance Hearing. Considering the foregoing, IT IS RECOMMENDED that this matter be closed with prejudice and not be subject to being reopened.

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, November 28, 2011.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] The ROC’s Order Reopening Complaint and Setting Compliance Hearing, issued in June 2011, refers to the former version of A.R.S. § 32-1154(A)(7) (2008) (modified by 2009 Ariz. Sess. Laws Ch. 99, § 3), which prohibited licensed contractors from engaging in “wrongful’ acts. Therefore, the Notice of Compliance Hearing must be referring to the former statute as well.

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