ALJDEC decisions subject to certification as final

2011A-820-ROC · Registrar of Contractors · 2011-08-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

CONSOLIDATED HEARING: August 19, 2011 APPEARANCES: Neither Central Arizona Supply nor A A A Precise Plumbing, L.L.C. appeared. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ Based upon the evidence of record, the Administrative Law Judge makes the following Findings of Fact, Conclusions of Law, and Recommended Order: FINDINGS OF FACT 1. A A A Precise Plumbing, L.L.C. (“Respondent”) is the holder of License No. 234197, a Class C-37R contracting license, and License No. 234196, a Class L-37 contracting license issued by the Registrar of Contractors (“Registrar”). 2. On February 9, 2011, Central Arizona Supply (“Complainant”) filed a written Complaint with the Registrar alleging nonpayment by Respondent to Complainant in the amount of $1,683.67. 3. The Registrar issued a Citation and Complaint in Case No. 2011-820 charging Respondent’s License No. 234197 with violating the provisions of A.R.S. § 32-1154(A) (11). 4. The Registrar also issued a Citation and Complaint in Case No. 2011- 2899 charging Respondent’s License No. 234196 with violating the provisions of A.R.S. § 32-1154(A) (11). 5. The Registrar forwarded Case Nos. 2011-820 and 2011-2899 to the Office of Administrative Hearings, an independent agency, for a consolidated evidentiary hearing. 6. The Registrar issued Notices of Hearing in Case Nos. 2011-820 and 2011- 2899 that advised the parties of the time, date, and location of the consolidated formal hearing. The Notices of Hearing were sent to the parties at their addresses of record with the Registrar. 7. The commencement of the consolidated hearing was delayed 15 minutes to allow for the late arrival of the parties’ authorized representatives. After the delay, the Administrative Law Judge conducted the hearing in the parties’ absence. 8. By its failure to appear at the consolidated hearing, Complainant failed to present any evidence in support of its Complaint. 9. The Office of Administrative Hearings is not aware of any settlement agreement in these matters. CONCLUSIONS OF LAW 1. The Registrar has jurisdiction over Respondent and the subject matter in these consolidated cases. 2. Pursuant to A.A.C. R2-19-119(B), Complaint has the burden of proof in these matters. The standard of proof is by a preponderance of the evidence. A.A.C. R2-19-119(A). 3. By its failure to appear at the consolidated hearing, Complainant failed to sustain its burden of proving that Respondent violated the provisions of A.R.S. § 32-1154(A) (11), as charged in the Citations and Complaints issued by the Registrar in Case Nos. 2011-820 and 2011- 2899. RECOMMENDED ORDER The Citations and Complaints in Case Nos. 2011-820 and 2011-2899 shall be dismissed on the effective date of the Order(s) issued in those matters. 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(s) will be 40 days from the date of that certification.

Done this day, August 22, 2011.

/s/ Brian Brendan Tully 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