ALJDEC decisions subject to certification as final

2010A-308474889-ROC · Registrar of Contractors · 2011-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: March 16, 2011 APPEARANCES: Hannah M. Harrison appeared personally. Chacho’s Remodeling and Repair, L.L.C. was represented by its authorized representative, Rey Lopez. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in the above-entitled matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Chacho’s Remodeling and Repair, L.L.C. (“Respondent”) is the holder of License No. 172518, a Class C-61 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Respondent and Hannah M. Harrison (“Complainant”) entered into a written agreement dated August 19, 2009, for a remodeling project at Complainant’s Tucson residence. 3. On August 3, 2010, Complainant filed a written Complaint with the Registrar alleging eight complaint items against Respondent. The Registrar designated the Complaint as Case No. 2010-[number redacted]. 4. 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) (2), (3), namely A.A.C. R4-9-108, (10), and (17). 5. The Registrar forwarded Case No. 2010-[number redacted] to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. At the commencement of the scheduled hearing, Complainant’s daughter, Pamela Williams, attempted to represent Complainant at the hearing. Ms. Williams is not an owner of the subject property or an attorney licensed to practice law in Arizona. The Administrative Law Judge advised Ms. Williams and Complainant that Ms. Williams may not represent Complainant pursuant to Rule 31 of the Rules of the Arizona Supreme Court. After a recess, Complainant indicated that she would not present any evidence. 7. By her failure to present evidence at the hearing, Complainant failed to establish factual bases for her allegations against Respondent. 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 failing to present any evidence at the hearing, Complainant failed to sustain her burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (2), (3), namely A.A.C. R4-9-108, (10), and (17), 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, April 4, 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