ALJDEC decisions subject to certification as final

2009A-7100418-ROC-rf · Registrar of Contractors · 2012-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|James G. Kahn | | No. 2009A-7100418-ROC | | | | | |COMPLAINANT | |ADMINISTRATIVE LAW JUDGE | | | |DECISION | |-v- | | | | | | | |License No. B.064861-R of | | | |Louis Marson and Sons Inc. | | | | | | | |RESPONDENT | | | | | | |

HEARING: March 20, 2012 APPEARANCES: Complainant failed to appear; Respondent failed to appear; Assistant Attorney General Elizabeth Campbell and Recovery Fund Reviewer Doug Ulmer appeared for the Residential Contractors’ Recovery Fund (“Fund”), who intervened in this matter concerning Fund eligibility. ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________ FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence showing that he is eligible for recovery from the Fund.[1] RECOMMENDED DECISION Based on the foregoing, it is recommended that the Registrar find Complainant ineligible for recovery from the Residential Contractors’ Recovery Fund.

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 20, 2012.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Arizona Administrative Code (A.A.C.) R2-19-119.

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