ALJDEC decisions subject to certification as final

2014A-2710-ROC · Registrar of Contractors · 2014-09-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 24, 2014 APPEARANCES: 2 Zona Electrical Services, Inc. (“Applicant”) did not appear. The Registrar of Contractors (“Registrar”) was represented by Assistant Attorney General John Tellier. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________ FINDINGS OF FACT 1. On August 1, 2014, the Registrar issued a Notice of Hearing setting the above-captioned matter for hearing on September 24, 2014, at 8:00 a.m., at the Office of Administrative Hearings in Phoenix, Arizona. 2. Applicant 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 Applicant 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, Applicant failed to meet the required burden of proof. As such, the appeal should be denied. RECOMMENDED ORDER Based on the foregoing, it is recommended that Applicant’s appeal in this matter 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, September 24, 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