ALJDEC decisions subject to certification as final

2011A-38-ROC-rf · Registrar of Contractors · 2012-10-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 1, 2012, at 8:00 a.m. APPEARANCES: Complainants Karen Clark and Thomas Taylor did not appear; Respondent Wayne Louis McCoy dba Audio Video Technologies A V T appeared on his own behalf; the Arizona Registrar of Contractors was represented by Nancy J. Beck, Esq., Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT Complainants failed to appear at the hearing. The tribunal waited 16 minutes beyond the scheduled start time, but no one appeared for Complainants. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainants did not meet the burden to present evidence in support of the claim to the Residential Contractors’ Recovery Fund.[2] RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ order, the complaint in Case No. 2011-38 be closed. 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 five days from the date of that certification. Done this day, October 1, 2012.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] The Administrative Law Judge amended the caption on the Registrar of Contractors’ Notice of Recovery Fund Eligibility/Payout Hearing because the records of the Santa Cruz County Assessor and the Santa Cruz County Recorder that Complainants attached to their claim to the Residential Contractors’ Recovery Fund show that Karen Clark’s husband, the owner of the property at issue, is named Thomas Taylor. [2] See A.A.C. R2-19-119.

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