ALJDEC decisions subject to certification as final

2012A-4588-ROC · Registrar of Contractors · 2013-05-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1, 2013, at 1:00 p.m. APPEARANCES: Complainant Consolidated Electrical Distributors, Inc. did not appear; Respondents Lifetime Development LLC and Lifetime Electrical Contractors Inc. did not appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT 1. Complainant failed to appear at the hearing. The tribunal waited minutes beyond the scheduled start time, but no one appeared for Complainant. 2. Although Respondents also failed to appear at the hearing, the record does not contain any unequivocal indication that Respondents settled Complainant’s claim for nonpayment. 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 final Order in these consolidated matters, Case Nos. 2012-4588 and 2012-4593 shall 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, May 10, 2013.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119.

-----------------------

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