ALJDEC decisions subject to certification as final

2011A-1742-ROC · Registrar of Contractors · 2011-09-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 12, 2011 APPEARANCES: Complainant Countertop Creations, Inc. did not appear. James Englebrecht appeared on behalf of Respondent JLE Manufacturing, Inc. ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella _____________________________________________________________________ Based upon the record in this matter, the following Findings of Fact, Conclusions of Law, and Recommended Order are made: FINDINGS OF FACT 1. On September 12, 2011 at 8:00 a.m., this matter came on for hearing pursuant to a Notice of Hearing issued by the Registrar of Contractors to address whether Respondent JLE Manufacturing, Inc. (“JLE”) should be subject to discipline for acts or omissions in violation of A.R.S. § 32-1154(A)(11). At the time set for hearing, James Englebrecht appeared on behalf of JLE. Complainant Countertop Creations, Inc. (“Countertop”) failed to appear or be represented. The Administrative Law Judge delayed the start of the scheduled hearing for approximately twenty minutes to allow added time for appearance by or on behalf of Countertop. When Countertop continued in its failure to appear after the expiration of a twenty minute grace period, and failed to notify the Office of Administrative Hearings of any cause for its absence or delay, the Administrative Law Judge convened the hearing and proceeded in Countertop’s absence.

2. Mr. Englebrecht made a motion to dismiss. Because Countertop failed to appear at hearing, it did not present any evidence in support of the allegations set forth in the complaint herein. CONCLUSION OF LAW 1. Countertop, by the aforementioned default in appearance at the hearing, failed to sustain the required burden of proving the charges set forth in the Citation and Complaint by a preponderance of the evidence, and consequently the instant record does not support any finding that JLE has violated the provisions of A.R.S. § 32-1154(A)(11). See Arizona Administrative Code Rule R2-19-119. RECOMMENDED ORDER In view of the foregoing, and in light of the lack of prosecution by Countertop, it is recommended that this Citation, together with the Complaint upon which it is based, be dismissed. 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, September 12, 2011.

/s/ Sondra J. Vanella 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