ALJDEC decisions subject to certification as final

2012A-539-ROC-rf · Registrar of Contractors · 2014-04-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 8, 2014 APPEARANCES: Lynn Degenhart (“Complainant”) did not appear. Rutherford Family Construction, Inc. was represented by Brent Rutherford, who appeared telephonically. The Registrar of Contractors (“Registrar”) was represented by Assistant Attorney General John R. Tellier. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ FINDINGS OF FACT 1. On February 11, 2014, the Registrar issued a Notice of Recovery Fund Eligibility/Payout Hearing setting the above-entitled matter for hearing on April 8, 2014, at 8:00 a.m., at the Office of Administrative Hearings in Phoenix, Arizona. 2. 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, Complainant failed to establish an entitlement to an award and payment from the Contractors’ Recovery Fund pursuant to A.R.S. § 32-1154(F). RECOMMENDED ORDER Based on the foregoing, it is recommended that Complainant’s claim for an award and payment from the Contractors’ Recovery Fund pursuant to A.R.S. § 32-1154(F) be denied.

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, April 18, 2014.

/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