ALJDEC decisions subject to certification as final

2011A-714-ROC · Registrar of Contractors · 2011-07-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 5, 2011

APPEARANCES: Complainant failed to appear; John Carney, Member, appeared for Respondent Quickturn, LLC, accompanied by witnesses Mike Sherman, Scott Sherman, and Nick Montoya.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

FINDINGS OF FACT 1. On the afternoon on June 30, 2011, Lee Litton, Complainant’s Qualifying Party, filed with the Registrar of Contractors (“ROC”) and this tribunal a request to postpone the hearing in this matter due to a family emergency in Ohio regarding “health issues with [his] 72 year old father.” There is no indication that a copy of the request was sent to Respondent. Because of the late filing,[1] no action was taken on the request prior to the hearing. 2. Complainant failed to appear at the hearing. This tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. Respondent appeared as noted above. 3. John Carney, Respondent’s representative at the hearing, stated that Respondent had not received a copy of the postponement request, nor had Respondent been contacted by Complainant. Respondent objected to the postponement request. 4. The postponement request is denied for the following reasons. Complainant did not comply with the Office of Administrative Hearings Rules by sending a copy of the request to Respondent.[2] In addition, Complainant did not comply with the Notice of Hearing issued by the ROC, which states that parties moving for a postponement must send a copy to the other side, must detail the good cause for the motion, and must indicate the position of the other party as to the motion. Complainant failed to do these things: Complainant failed to copy Respondent with the request, the reason for the request is not detailed, and Complainant did not contact Respondent before filing the motion. Finally, ROC records indicate that Ricky Moore is also a member of the Complainant LLC, and there is no indication as to why that person could not have appeared for Complainant. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint.[3] RECOMMENDED DECISION Based on the foregoing, it is recommended that this complaint 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, July 5, 2011.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Only one full business day before the hearing. [2] Arizona Administrative Code (A.A.C.) R2-19-105. Respondent’s representative was given a copy at the hearing. [3] 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