ALJDEC decisions subject to certification as final

2011A-5974-ROC · Registrar of Contractors · 2012-10-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

REHEARING: October 18, 2012, at 8:00 a.m. APPEARANCES: Complainant A B C Supply Co. Inc. did not appear; Respondent K B H Construction LLC did not appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT 1. Complainant failed to appear at the rehearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. 2. Respondent also did not appear. The record contains no evidence that the parties resolved their dispute. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint.[1] RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ order, Complainant’s complaint in Case No. 2011-5974 be dismissed. 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 18, 2012.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] See A.A.C. R2-19-119.

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826