ALJDEC decisions subject to certification as final

2015A-3748-ROC · Registrar of Contractors · 2016-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 2016, at 8:00 a.m. APPEARANCES: Patricia M. Baciewicz (hereinafter “Complainant”) is now deceased. Her sister, Carol Chafee filed Letters of Personal Representative and a Request for the Assigned Agency Investigator to appear at the hearing scheduled for this matters. No Representative for the Complainant appeared at the hearing. Kanmar Construction LLC (hereinafter “Respondent”) was represented by its attorney, Brenda Lee, Esq. ADMINISTRATIVE LAW JUDGE: M. Douglas _____________________________________________________________________ FINDINGS OF FACT No representative for the Complainant appeared at the hearing. The tribunal waited 15 minutes beyond the scheduled start time, but no one appeared for Complainant. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19- 119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, that this matter 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, April 15, 2016.

/s/ M. Douglas Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

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