ALJDEC decisions subject to certification as final

2010A-308476761-ROC · Registrar of Contractors · 2011-06-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 24, 2011 APPEARANCES: Neither party appeared at the hearing. 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. Garrett Painting and Sandblasting, Inc. (“Respondent”) is the holder of License No. 157158, a Class K-34 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On October 25, 2011, Dunn Edwards Corporation (“Complainant”) filed a written Complaint with the Registrar alleging non-payment by Respondent in the amount of $4,729.00. 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) (11). 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. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of authorized representatives for the parties. The Office of Administrative Hearings did not receive any notice that the parties had resolved their dispute. After the delay, the Administrative Law Judge conducted the hearing in the parties’ absence. 7. By its failure to appear at the hearing, Complainant failed to present any evidence to support the allegations contained in its Complaint and the charges cited by the Registrar. 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 its failure to appear at the hearing, Complainant failed to sustain its burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (11), 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, June 13, 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