ALJDEC decisions subject to certification as final

2015A-387-ROC · Registrar of Contractors · 2015-05-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 20, 2015 APPEARANCES: The Registrar of Contractors was represented by Assistant Attorney General Seth T. Hargraves. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ FINDINGS OF FACT 1. Monzoon Construction, Inc. (“Respondent”) submitted an Application for Contractor’s License to the Registrar of Contractors (“Registrar”). 2. The Registrar issued a Notice of Application Denial of Respondent’s application. Respondent requested a hearing on the denial. 3. The Registrar referred the matter to the Office of Administrative Hearings (“the OAH”), an independent state agency, for an evidentiary hearing. 4. On February 10, 2015, the Registrar issued a Notice of Hearing. The Registrar mailed a copy of the Notice to Respondent at the address on its application. 5. Respondent did not request to appear telephonically at the hearing and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed 20 minutes to allow Respondent additional travel time, it did not appear, through an attorney or representative, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Respondent did not present any evidence. CONCLUSIONS OF LAW 1. The Notice of Hearing that the Registrar mailed to Respondent at the address that provided on the application was reasonable and it is deemed to have received notice of the hearing.[1] 2. Respondent bears the burden of proof to establish that it meets statutory and regulatory qualifications for a contractor’s license by a preponderance of the evidence.[2] “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”[3] 3. By failing to appear at the hearing or to present any evidence, Respondent did not carry its burden.[4] RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the final Order, the Registrar’s Notice of Application Denial be affirmed. 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 five days from the date of that certification. Done this day, May 7, 2015.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [2] See A.R.S. § 41-1092.07(G)(1); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). [3] Morris K. Udall, Arizona Law of Evidence § 5 (1960). [4] See A.A.C. R2-19-119.

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