ALJDEC decisions subject to certification as final

2011A-5536-ROC-rf · Registrar of Contractors · 2012-10-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 11, 2012

APPEARANCES: Complainant did not appear; no one appeared on behalf of Respondent; the Residential Contractors’ Recovery Fund intervened in this matter and was represented by Assistant Attorney General Elizabeth Campbell and Recovery Fund Supervisor Eric Ulinger.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Complainant Donald Ray Gatts seeks a payout from the Residential Contractors’ Recovery Fund (“Fund”) for damages caused by licensure violations of Respondent San Tan Distributing, Inc. As noted above, neither Complainant nor Respondent appeared at the hearing. This tribunal takes administrative notice of the claim file for this claim, on file at the Registrar of Contractors. The Fund issued, on July 2, 2012, a Notice of Denial of Recovery Fund Claim (“Notice”). That Notice found that Complainant had not shown damages that were compensable through the Fund. The claim file shows that Complainant requested a hearing in order to challenge the Notice. Because Respondent did not appear and put forth evidence in furtherance of that challenge, the Notice is uncontested. RECOMMENDED ORDER In view of the foregoing, IT IS RECOMMENDED that the Registrar of Contractors uphold the denial of Complainant’s claim.

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, October 11, 2012.

/s/ Eric A. Bryant 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