ALJDEC decisions subject to certification as final

2010A-1742572-ROC · Registrar of Contractors · 2010-12-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 9, 2010 APPEARANCES: Linda K. Ost did not appear. Dwellings Design and Construction, L.L.C. was represented by its authorized representative, Leonel J. Gallegos. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Dwellings Design and Construction, L.L.C. (“Respondent”) is the holder of License No. 245111, a Class KB-2 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Linda K. Ost (“Complainant”) filed a written Complaint with the Registrar alleging deficient workmanship by Respondent on a project at her residence. The Registrar designated Complainant’s Complaint as Case No. 2010-1742572. 3. The Registrar issued a Citation and Complaint in Case No. 2010-1742572 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (1), (2), (3), namely A.A.C. R4-9-108, and (23). 4. The Registrar forwarded Case No. 2010-1742572 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2010-1742572 that advised the parties of the time, date, and location of the formal hearing. A copy of the Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 7. By her failure to appear at the hearing, Complainant failed to present any evidence in support of her Complaint. 8. Respondent’s authorized representative, Leonel J. Gallegos, stated that the parties had not reached a settlement in this matter. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to A.A.C. R2-19-119(B), Complainant has the burden of proof in this matter. The standard of proof is preponderance of the evidence. A.A.C. R2-19-119(A). 3. As a result of her failure to appear at the hearing, Complainant failed to sustain her burden of proving the allegations in her Complaint. RECOMMENDED ORDER The Citation and Complaint in Case No. 2010-1742572 shall be dismissed on the effective date of the Order entered in this matter. 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, December 9, 2010.

/s/ Brian Brendan Tully 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