ALJDEC decisions subject to certification as final

2011A-2212-ROC · Registrar of Contractors · 2011-12-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 30, 2011 APPEARANCES: Arizona Roofing Professionals, L.L.C. did not appear. Boucher General Contracting, L.L.C. appeared through its authorized representative, Chris Butcher. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Boucher General Contracting, L.L.C. (“Respondent”) is the holder of License No. 231586, a Class B contracting license issued by the Registrar of Contractors (“Registrar”). 2. Arizona Roofing Professionals, L.L.C. (“Complainant”) is the holder of License No. 269818 issued by the Registrar. 3. On April 15, 2011, Complainant filed a written Complaint with the Registrar alleging nonpayment by Respondent for work performed by Complainant on several projects. The Registrar designated the Complaint as Case No. 2011-2212 4. The Registrar issued a Citation and Complaint in Case No. 2011-2212 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 5. The Registrar forwarded Case No. 2011-2212 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. The Registrar issued a Notice of Hearing in Case No. 2011-2212 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. 7. The commencement of the scheduled hearing was delayed 15 minutes to allow for the late arrival of an authorized representative for Complainant. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 8. By its failure to appear at the hearing, Complainant failed to present any evidence to support its allegation that Respondent failed to pay Complainant on numerous projects. 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 failed to pay Complainant for work performed on numerous projects in violation 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. 2011-2212 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, 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