ALJDEC decisions subject to certification as final

2009A-7100140-ROC · Registrar of Contractors · 2011-03-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 11, 2011, at 1:00 p.m. APPEARANCES: The Complainant appeared on her own behalf. The Respondent failed to appear. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________

Evidence and testimony were presented and the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT 1. The Respondent’s contracting license has been previously revoked by final Order of the Registrar of Contractors. Such revocation is determined to render this Respondent unable to remedy the violation of the state’s contracting laws which gave rise to the instant claim for damages. 2. The Registrar of Contractors has received advance notification of the existence and amount of the above named Complainant’s claim for an administrative payout from the Contractors’ Recovery Fund and did not oppose the requested payout. 3. This hearing was convened following Respondent’s express request therefore. But for the Respondent’s request for the hearing, the instant hearing would not have been convened and the Contractors’ Recovery Fund would have paid the requested payout. 4. The Respondent’s failure to appear for the scheduled hearing is deemed to be tantamount to its implied withdrawal of any objection to the requested payout. 5. Based upon the entire file in this matter and the undisputed credible testimony and evidence produced at the hearing, it is found that a proper and reasonable award payable to the Complainant from the Contractors’ Recovery Fund is the amount of $8,256.58. CONCLUSIONS OF LAW 1. The Complainant is determined to be a “person injured” as that term is defined in A.R.S. § 32-1131 (3). 2. Under the facts and circumstances of this case, the Registrar of Contractors is empowered to determine and award proper payment to the Complainant from the Contractors’ Recovery Fund pursuant to A.R.S. § 32- 1154(E). 3. The within record supports an award to the Complainant in the amount of $8,256.58, all of which shall be appropriately chargeable against the Respondent and/or persons on the license as set forth in A.R.S. § 32- 1139(B). RECOMMENDED ORDER In view of the foregoing, it is recommended that, on the effective date of the Order entered in this matter, the Registrar of Contractors commence and finalize payment procedures from the Contractors’ Recovery Fund to the Complainant in the amount of $8,256.58. Done this day, March 11, 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