ALJDEC decisions subject to certification as final

2015A-4637-ROC-rf · Registrar of Contractors · 2016-08-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 5, 2016, at 10:00 a.m. APPEARANCES: Steven R. and Paulette Bodeman (“Complainants”) failed to appear; the Arizona Registrar of Contractors (“the Registrar”) appeared through Thomas Raine, Esq., Assistant Attorney General, and party representative/witness Joseph Citelli, Esq., Staff Attorney for the Registrar. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT Complainants requested a hearing on the Registrar’s determination that they were not eligible to make a claim to the Residential Contractors’ Recovery Fund (“the Fund”) in its May 31, 2016 Notice and Order of Recovery Fund Ineligibility. The Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing. On June 16, 2016, the Registrar issued a Notice of Recovery Fund Eligibility/Payout Hearing, setting a hearing on August 5, 2016, at 10:00 a.m. at OAH. The Registrar mailed a copy of the Notice of Hearing to Complainants at the address they had provided on the claim form. Shortly before the hearing, Steven R. Bodeman contacted OAH to inform staff that Complainants did not intend to appear at the hearing. At the hearing, the Registrar’s attorney informed the Administrative Law Judge that Complainants had conveyed the same message to him. Although the Administrative Law Judge went on the record to note Complainants’ message, no evidence was taken. CONCLUSIONS OF LAW 1. The Notice of Recovery Fund Eligibility/Payout Hearing that the Registrar mailed to Complainants at the address that they provided on their claim to the Fund was reasonable and Complainants appeared to have actually received notice of the hearing.[1] 2. Complainants bear the burden of proof to establish their eligibility to recover a payout from the Fund by a preponderance of the evidence.[2] 3. By failing to appear at the duly noticed hearing or to present any evidence in support of their eligibility, Complainants have failed to establish that they are eligible for a payout from the Fund. RECOMMENDED ORDER Based on the foregoing, it is ordered that on the effective date of the final order in this matter, the Registrar’s determination that Complainants Steven R. and Paulette Bodeman are not eligible to make a claim to the Residential Contractors’ Recovery Fund shall be affirmed and Complainants’ appeal from the Registrar’s May 31, 2016 Notice and Order of Recovery Fund Ineligibility shall 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 five days from the date of that certification. Done this day, August 5, 2016.

/s/ Diane Mihalsky 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. § 32-1132(A); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952).

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