ALJDEC decisions subject to certification as final

2011A-1786-ROC · Registrar of Contractors · 2011-08-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 12, 2011, at 8:00 a.m. APPEARANCES: Neither party appeared. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT In September 2001, the Arizona Registrar of Contractors (“the Registrar”) issued License No. ROC168508, Class K-42 for dual roofing to Skytop, Inc. (“Complainant”). Complainant’s address of record is 1720 East Deer Valley Road, Suite 102, Phoenix, Arizona 85024-5622. In September 2006, the Registrar issued License No. ROC224789, Class KB-2 to 21st Century Construction Co., L.L.C. (“Respondent”). Respondent’s address of record is 6448 East Dale Lane, Cave Creek, Arizona 85331-6554. In March 2011, the Registrar received a complaint against Respondent from Complainant. The complaint alleged that Respondent owed Complainant $9,255.50 for work that Complainant had performed at 5893 East Onyx Avenue, Paradise Valley, Arizona. Complainant provided its address of record on its complaint. Complainant requested a hearing. On May 19, 2011, the Registrar issued a Citation and Complaint against Respondent, charging a violation of A.R.S. § 32-1154(A)(11). Respondent filed a timely written answer to the Citation and Complaint, denying any statutory violation. The Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing. On June 30, 2011, the Registrar issued a Notice of Hearing, setting a hearing on August 12, 2011, at 8:00 a.m. at the OAH. The Registrar mailed a copy of the Notice of Hearing to the parties at their addresses of record. Neither party appeared at the hearing, requested to appear telephonically, or requested that the hearing be continued. Consequently, Complainant did not present any evidence to prosecute its complaint against Respondent. The record of the OAH does not contain any indication that the parties settled Complainant’s complaint, other than both parties’ failure to appear for the duly noticed hearing. CONCLUSIONS OF LAW This dispute lies within the Registrar’s jurisdiction to resolve.[1] Because the Notice of Hearing that the Registrar mailed to Complainant’s address of record was reasonable, Complainant is deemed to have received notice of the hearing.[2] Complainant bears the burden of proof and must establish statutory violations by a preponderance of the evidence.[3] Complainant’s failure to appear at the duly noticed hearing or to offer any evidence to prosecute its complaint precludes a finding that Respondent violated A.R.S. § 32-1154(A)(11).[4] / / / / RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar’s final order in this matter, Case No. 2011-1786 against Respondent 21st Century Construction Co., L.L.C.’s License No. ROC224789 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, August 30, 2011.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] See A.R.S. § 32-1101 et seq. [2] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [3] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). [4] This statutory subsection includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[f]ailure by a licensee . . . to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor when the licensee has the capacity to pay . . . .”

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