ALJDEC decisions subject to certification as final

2015A-3990-ROC · Registrar of Contractors · 2015-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 16, 2015 APPEARANCES: No one appeared for Respondent; Michael Raine, Esq. for the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ FINDINGS OF FACT 1. On September 25, 2015, the Registrar of Contractors (“ROC”) issued a Citation and Complaint and Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. October 16, 2015, at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for Respondent had appeared by 1:15 p.m. and the hearing was convened in its absence at about that time. 3. ROC moved for an entry of default based on Respondent’s failure to file a timely answer to the Complaint. CONCLUSIONS OF LAW 1. ROC bears the burden persuasion. Ariz. Rev. Stat. § 41- 1092.07(G)(2). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. 3. A preponderance of the evidence is: The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other. Black’s Law Dictionary 1373 (10th ed. 2014).

4. Because Respondent failed to submit to ROC a timely answer to the Complaint, ROC the allegations in that Complaint are deemed to be admitted and ROC has authority to revoke Respondent’s license. Ariz. Rev. Stat. § 32-1155(B). 5. Respondent’s license number CR41.084298-D should be revoked.[1] ORDER IT IS ORDERED that Vader Tank’s license number CR41.084298-D is revoked. 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 is forty days after the date of that certification. Done this day, October 22, 2015.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] The Registrar’s website shows Respondent’s license number as 084298. Consistent with existing policy, in this Decision the number set out in the caption is used.

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