ALJDEC decisions subject to certification as final

2010A-308472704-ROC · Registrar of Contractors · 2011-02-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 3, 2011 APPEARANCES: Deborah L. Hypes appeared personally. P V S Corporation, doing business as Carpet Emporium, did not appear. 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. P V S Corporation, doing business as Carpet Emporium (“Respondent”), is the holder of License No. 227102, a Class K-8 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On April 30, 2010, Deborah L. Hypes (“Complainant”) filed a written Complaint with the Registrar alleging that Respondent took a $1,500.00 deposit for carpeting to be removed and replaced at 363-D North Lake Havasu Avenue, Lake Havasu City, Arizona. Complainant further alleged that Respondent failed to perform any work and went out of business. 3. The Registrar designated Complainant’s Complaint as Case No. 2010- [number redacted]. 4. The Complaint lists Complainant’s mailing address as 3188 Thistle Drive, Lake Havasu City, Arizona. 5. The Registrar issued a Citation and Complaint in Case No. 2010- [number redacted] charging Respondent with violating the provisions of A.R.S. § 32-1154(A) (1). 6. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 7. The Registrar issued a Notice of Hearing in Case No. 2010-[number redacted] 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. 8. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of an authorized representative for Respondent. After the delay, the Administrative Law Judge conducted the hearing in Respondent’s absence. 9. The residence located at 363-D North Lake Havasu Avenue is the residence of Complainant’s mother-in-law, Shirley Hypes (“Ms. Hypes”). 10. Ms. Hypes contracted with Respondent for the work to be performed. 11. Ms. Hypes gave Respondent a check dated February 19, 2010, drawn on her sole checking account as a down payment. That check cleared Ms. Hypes’ bank on February 22, 2010. 12. Complainant failed to establish that she had any contractual relationship with Respondent in this matter or that she had any legal title to the subject property. 13. Rule 31 of the Rules of the Arizona Supreme Court govern the practice of law in Arizona. Under that rule, Ms. Hypes may only be represented by herself or an attorney authorized to represent her. Unfortunately, Complainant may not represent Ms. Hypes. 14. On April 30, 2010, Complainant contracted with Lowe’s to have carpeting installed in Ms. Hypes’ residence.

CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in this case. 2. Pursuant to Rule 31 of the Rules of the Arizona Supreme Court, Complainant may not represent Ms. Hypes’ interests in this matter. Therefore, the Citation and Complaint must be dismissed. RECOMMENDED ORDER The Citation and Complaint in Case No. 2010-[number redacted] 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, February 23, 2011.

/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