ALJDEC decisions subject to certification as final

2011A-2821-ROC · Registrar of Contractors · 2011-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 24, 2011 APPEARANCES: Sandra Brake did not appear. C Landscaping and Irrigation, Inc. was represented by its authorized representative, Edder Montes. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the record in this matter, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. C Landscaping and Irrigation, Inc. (“Respondent”) is the holder of License No. 213030, a Class K-21 contracting license issued by the Registrar of Contractors (“Registrar”). 2. In January 2011, Sandra Brake (“Complainant”) hired Respondent to perform landscaping at her residence located at 15621 North Cave Creek Road, Phoenix, Arizona. 3. On May 16, 2011, Complainant filed a written Complaint with the Registrar alleging deficient workmanship by Respondent on the subject project. The Registrar designated the Complaint as Case No. 2011-2821. 4. The Registrar issued a Citation and Complaint in Case No. 2011-2821 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (3), namely A.A.C. R4-9-108. 5. The Registrar forwarded Case No. 2011-2821 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 6. The Registrar issued a Notice of Hearing in Case No. 2011-2821 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 Complainant or an attorney authorized to represent her. After the delay, the Administrative Law Judge conducted the hearing in Complainant’s absence. 8. By her failure to appear at the hearing, Complainant failed to present any evidence to prove the charged violation. 9. There is no evidence that the parties reached a settlement agreement in this matter. 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, as charged in the Citation and Complaint issued by the Registrar. RECOMMENDED ORDER The Citation and Complaint in Case No. 2011-2821 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, November 9, 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