ALJDEC decisions subject to certification as final

2010A-100966120-ROC · Registrar of Contractors · 2010-06-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 23, 2010 at 1:00 p.m. APPEARANCES: No party appeared. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT On October 15, 2003, the Registrar of Contractors (“the Registrar”) issued License No. ROC189610, Class K-34 for dual painting to Complainant Michael Figley dba Authentic Painting and Coatings, a sole proprietorship. Complainant’s address of record is 3261 Bluegrass Dr., Lake Havasu City, AZ 86406-7155. On October 24, 2003, the Registrar issued License No. ROC190113, Class B for residential general contracting to Respondent Mickey Dale Shaffer dba Mickey Shaffer, a sole proprietorship. On March 29, 2008, the Registrar issued License No. ROC243611, Class B-1 for commercial general contracting to Respondent Mickey Dale Shaffer dba Mickey Shaffer, a sole proprietorship. On December 18, 2009, the Registrar received a complaint against Respondent’s licenses from Complainant. The complaint alleged that Respondent had failed to pay Complainant $6,008.31 for work performed under multiple contracts. Complainant provided its address of record on the complaint. The Registrar referred the complaint to Respondent for his immediate attention. On January 4, 2010, the Registrar received Complainant’s request for hearing. On March 5, 2010, the Registrar issued a Citation and Complaint against Respondent’s licenses, charging A.R.S. § 32-1154(A)(11).[1] Respondent filed a written answer to the Citation and Complaint, which denied any statutory violation and affirmatively alleged that Complainant had charged more than the amounts of the parties’ contracts. The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, to schedule and to conduct a fair hearing. On April 30, 2010, the Registrar issued Notices of Hearing, setting a videoconference hearing on June 23, 2010 at 1:00 p.m. at the Registrar’s office in Lake Havasu City. The Registrar mailed a copy of the Notices of Hearing to Complainant at his address of record. Although the Administrative Law Judge delayed the beginning of the hearing thirty minutes to allow the parties additional travel time, neither Complainant nor Respondent appeared or contacted the Office of Administrative Hearings to request that the time for the hearing be further delayed. Complainant did not present any evidence to prosecute his complaint against Respondent’s licenses. CONCLUSIONS OF LAW The dispute lies within the Registrar’s jurisdiction to resolve.[2] The Notices of Hearing that the Registrar mailed to Complainant at the address he provided on his complaint, which was his address of record, was reasonable. Complainant is deemed to have received the Notices of Hearing.[3] Complainant bears the burden of proof and must establish a statutory violation by a preponderance of the evidence.[4] Complainant’s failure to appear at the duly noticed hearing, or to offer any evidence to support his claim, precludes any finding of any statutory violation against Respondent. RECOMMENDED ORDER Based on the foregoing, it is recommended that, on the effective date of the Registrar’s final order, the Registrar dismiss Case Nos. 2010-967642 and 2010-[number redacted]. If the Director of the Office of Administrative Hearings certifies this Administrative Law Judge Decision, the effective date of the order will be forty days from the date of certification. Done this day, June 23, 2010.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] This statutory subsection includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license “[f]ailure by a licensee . . . to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay . . . .” [2] See A.R.S. § 32-1101 et seq. [3] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [4] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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