ALJDEC decisions subject to certification as final

2011A-3867-ROC · Registrar of Contractors · 2011-09-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 28, 2011 APPEARANCES: Daniel S. Brown did not appear. Seven Star Development, Inc., doing business as Seven Star Construction & Restoration, was represented by its authorized representative, Steve Smith. 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. Seven Star Development, Inc., doing business as Seven Star Construction & Restoration (“Respondent”), is the holder of License No. 156650, a Class B-1 contracting license issued by the Registrar of Contractors (“Registrar”). 2. In 2011, Daniel S. Brown (“Complainant”) filed a Complaint with the Registrar alleging nonpayment of mileage and compensation by Respondent due to Complainant when he was employed by Respondent. The Registrar designated the Complaint as Case No. 2011-3867.[1] 3. The Registrar issued a Citation and Complaint in Case No. 2011-3867 charging Respondent with violating the provisions of A.R.S. § 32- 1154(A) (11). 4. The Registrar forwarded Case No. 2011-3867 to the Office of Administrative Hearings, an independent agency, for an evidentiary hearing. 5. The Registrar issued a Notice of Hearing in Case No. 2011-3867 advising the parties of the time, date, and location of the formal hearing. The Notice of Hearing was sent to the parties’ addresses of record with the Registrar. 6. The commencement of the scheduled hearing was delayed 20 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 attend the hearing, Complainant failed to present evidence to support the allegations contained in his Complaint and the charged violations set forth in the Citation and Complaint. 8. Respondent’s president, Steve Smith, 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. 2011-3867 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, September 29, 2011.

/s/ Brian Brendan Tully Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] In Case No. 2011-1970, Complainant also filed a similar Complaint against Respondent’s residential license. However, Case No. 2011-1970 was not consolidated for hearing with Case No. 2011-3867.

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