ALJDEC decisions subject to certification as final

2012A-2144-ROC · Registrar of Contractors · 2013-11-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 6, 2013 APPEARANCES: Troyer Installation and Hardware, L.L.C., did not appear. Garrett and Taylor Custom Homes, Inc., was represented by its attorney, Paul A. Conant, Esq. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ FINDINGS OF FACT 1. Troyer Installation and Hardware, L.L.C., (“Complainant”) failed to appear at the time scheduled for hearing and did not request to appear telephonically. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Complainant to be in default and no evidence was taken. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the Citation and Complaint in Case No. 2012-2144 should be dismissed. RECOMMENDED ORDER In view of the foregoing, it is recommended that the Citation and Complaint in Case No. 2012-2144 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 shall be forty (40) days from the date of the certification. Done this day, November 6, 2013.

/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