ALJDEC decisions subject to certification as final

2011A-2073-ROC · Registrar of Contractors · 2011-12-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 13, 2011 APPEARANCES: Carrlyn Leigh Ward failed to appear. Anthem Hardwood Floors, L.L.C. was represented by its authorized representative, Rick Schramm. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the entire record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Anthem Hardwood Floors, L.L.C. (“Respondent”) is the holder of License No. 184930, a Class K-60 contracting license issued by the Registrar of Contractors (“Registrar”). 2. Carrlyn Leigh Ward (“Complainant”) filed a written Complaint with the Registrar alleging deficient workmanship by Respondent on a project at her residence. The Registrar designated the Complaint as Case No. 2011-2073. 3. The Registrar issued a Citation and Complaint in Case No. 2011-2073 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (3), namely A.A.C. R4-9-108, and (23). 4. The Registrar forwarded Case No. 2011-2073 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The hearing commenced on October 5, 2011, at 8:00 a.m. Complainant did not appear. Respondent was represented by its authorized representative, Rick Schramm. Unbeknownst to the Administrative Law Judge at that time, Complainant had filed a motion to continue the hearing late on October 4, 2011. The reason for the continuance request was that Complainant was ill. The continuance request was subsequently granted and the above-entitled matter was scheduled for a continued hearing date. The Order Granting Continuance was mailed to the parties at their addresses of record with the Office of Administrative Hearings. 6. On December 13, 2011, the commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of Complainant, either in person or by telephone, or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 7. By her failure to appear at the hearing, Complainant failed to present any evidence to support the allegations contained in her Complaint and the charges cited in the Registrar’s Citation and 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 her failure to appear at the hearing, Complainant failed to sustain her burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (3), namely A.A.C. R4-9-108, and (23), as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint in Case No. 2011-2073 shall be dismissed on the effective date of the Order entered in the 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, December 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