ALJDEC decisions subject to certification as final

2009A-7100418-ROC-rhg · Registrar of Contractors · 2012-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

RECOVERY FUND ELIGIBILITY/PAYOUT REHEARING: July 2, 2012, at 1:00 p.m. APPEARANCES: Complainant James G. Kahn did not appear; Respondent Louis Marson and Sons, Inc. did not appear; the Arizona Registrar of Contractors was represented by Nancy J. Beck, Esq., Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited fifteen 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 in support of his eligibility for a payout from the Residential Contractors’ Recovery Fund.[1] RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, the denial of Complainant's claim be affirmed and that this matter be dismissed. 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 12, 2012.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] See 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