ALJDEC decisions subject to certification as final

2010A-308473189-ROC · Registrar of Contractors · 2011-03-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 11, 2011 APPEARANCES: Andrew Smith did not appear. H C S Home Care Services, Inc., doing business as Lifetime Air Conditioning, was represented by its authorized representative, John Lamont. 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. H C S Home Care Services, Inc., doing business as Lifetime Air Conditioning (“Respondent”), is the holder of License No. 188213, a Class C-39R contracting license issued by the Registrar of Contractors (“Registrar”). 2. Andrew Smith (“Complainant”) filed a written Complaint with the Registrar alleging statutory violations by Respondent. The Registrar designated the Complaint as Case No. 2010-[number redacted]. 3. 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) and (2). 4. The Registrar forwarded Case No. 2010-[number redacted] 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-[number redacted] advising the parties of the date, time, and location of the formal hearing. The Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 6. On January 11, 2011, Respondent electronically filed a motion to continue the hearing. 7. On January 13, 2011, Complainant electronically filed a response to the motion. 8. On January 14, 2011, the tribunal issued an Order Granting Continuance that advised the parties of the continued hearing date and time. The Order Granting Continuance was sent to the parties at their mailing addresses and email addresses of record with the Office of Administrative Hearings. 9. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. Complainant did not contact the Office of Administrative Hearings to advise that he was either running late or not going to appear at the hearing. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 10. As a result of his failure to appear at the hearing, Complainant did not present any evidence to support the allegations set forth in his 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 by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. By his failure to appear at the hearing, Complainant failed to sustain his burden of proving the allegations contained in his Complaint, as charged in the Citation and Complaint issued by the Registrar.

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, March 22, 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