ALJDEC decisions subject to certification as final

2010A-9539168-ROC · Registrar of Contractors · 2012-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 3, 2012

APPEARANCES: No one appeared on behalf of Complainant; no one appeared for Respondent.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

By Notice of Compliance Hearing issued March 1, 2012, this matter was set for hearing at 1:00 p.m. on April 3, 2012. As noted above, neither party appeared at the appointed time and place. This tribunal waited until 1:20 p.m. to determine if someone would appear, but no one did. Under the terms of the Notice of Compliance Hearing, the hearing was set to “determine whether or not Respondent has complied with the May 12, 2010 Default Decision and Order, absent unreasonable interference by Complainant.” The Default Decision and Order required Respondent to provide written proof of compliance to the Registrar of Contractors or face suspension of its license. Because no evidence was submitted at the compliance hearing, the record does not show that Respondent is in compliance with the Default Decision and Order.[1] Therefore, because the February 10, 2012, Order Setting Compliance Hearing allows for immediate imposition of discipline, IT IS RECOMMENDED that License No. C39R.236697-R, held by Tempe Air, LLC, be suspended immediately and remain suspended until Tempe Air, LLC has complied with the May 12, 2010 Default Decision and Order.

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 the date of that certification.

Done this day, April 4, 2012.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] In her complaint, filed September 2, 2009, Complainant requested as a remedy $650.00 in restitution for being “overcharged” (she also requested $500.00 for “wasted time,” a remedy that is not restitution and that, therefore, the Registrar does not have jurisdiction to award). Because of the default, Respondent admitted the claims in the complaint and was found to be in violation of, among others, Arizona Revised Statutes (A.R.S.) § 32- 1154(A)(9). Therefore, compliance in this case required Respondent to pay Complainant $650.00 in restitution and then provide written proof to the Registrar.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826