ALJDEC decisions subject to certification as final

2011A-272-ROC · Registrar of Contractors · 2011-08-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 20, 2011 APPEARANCES: Charles E. Hauck did not appear. Desert Sky Land Development, L.L.C., doing business as Desert Sky Solar Energy, was represented by its attorney, Mark J. Bainbridge. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in the above-entitled matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. Desert Sky Land Development, L.L.C., doing business as Desert Sky Solar Energy (“Respondent”), is the holder of License No. 222986, a Class B contracting license issued by the Registrar of Contractors (“Registrar”). 2. Charles E. Hauck (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment of funds by Respondent that it owed to Complainant. The Registrar designated the Complaint as Case No. 2011- 272. 3. The Registrar issued a Citation and Complaint in Case No. 2011-272 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 4. The Registrar forwarded Case No. 2011-272 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2011-272 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. 6. The commencement of the hearing was delayed 15 minutes to allow for the late arrival of Complainant or an attorney authorized to represent him. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 7. By his failure to appear at the hearing, Complainant failed to present any evidence to establish that Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged by the Registrar. 8. Respondent’s counsel advised the tribunal that the parties had not reached a settlement agreement. 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 his failure to appear at the hearing, Complainant failed to sustain his burden of proving that Respondent violated the provisions 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. 2011-272 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, August 8, 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