ALJDEC decisions subject to certification as final

2010A-25394528-ROC · Registrar of Contractors · 2010-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 11, 2010 APPEARANCES: Shane Electric did not appear. R T R Builders, Inc. was represented by its attorney, Dennis A. Sever, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. R T R Builders, Inc. (“Respondent”) is the holder of License No. 149897, a Class B- contracting license issued by the Registrar of Contractors (“Registrar”). 2. Shane Electric (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent for work performed by Complainant. 3. The Registrar initially designated Complainant’s Complaint as Case No. 10-2539, but later re-designated it as Case No. 2010-25394528. 4. The Registrar issued a Citation and Complaint charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (11). 5. The Registrar forwarded Case No. 2010-25394528 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. The Registrar issued a Notice of Hearing in Case No. 2010-25394528 advising the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 7. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant’s authorized representative. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 8. At the hearing, Respondent’s counsel stated that the parties did not resolve their dispute. 9. Complainant failed to present any evidence to support the allegations contained in its Complaint. 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. Complainant, by its default in appearance at the hearing, failed to present any evidence to support the allegations contained in its Complaint, as cited in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint issued in Case No. 2010-25394528 (formerly 10-2539) 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, November 15, 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