ALJDEC decisions subject to certification as final

2010A-308475715-ROC · Registrar of Contractors · 2011-05-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 27, 2011 APPEARANCES: Christopher C. Herman did not appear. U S Builders, L.L.C., doing business as Nicholas Homes Contracting, was represented by its attorney, Rich Alcorn, Esq. 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. U S Builders, L.L.C., doing business as Nicholas Homes Contracting (“Respondent’), is the holder of License No. 168846, a Class B contracting license issued by the Registrar of Contractors (“Registrar”). 2. On September 9, 2010, Christopher C. Herman (“Complainant”) filed a written Complaint with the Registrar alleging statutory and regulatory violations by Respondent in the construction of Complainant’s residence located at 13371 North Barlassina Drive, Oro Valley, Arizona. 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) (3), namely A.A.C. R4-9-108. 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] that advised 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. 6. On March 1, 2011, the Registrar issued an Amended Notice of Hearing in Case No. 2010-[number redacted] that advised the parties that the hearing would be conducted before the Office of Administrative Hearings on April 27, 2011, at 1:00 p.m. The Amended Notice of Hearing was sent to the parties at their addresses of record with the Registrar. 7. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 8. By his failure to appear at the hearing, Complainant failed to present any evidence to support the allegations contained 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 that Respondent violated the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, 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, May 12, 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