ALJDEC decisions subject to certification as final

2016A-1080-ROC · Registrar of Contractors · 2016-06-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 13, 2016, at 1:00 p.m. APPEARANCES: Steel Placers LLC DBA: Scholz Rebar (“Complainant”) failed to appear; Aquatic Concepts LLC (“Respondent”) failed to appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT The Arizona Registrar of Contractors (“the Registrar”) issued License No. CR62.21393-D to Complainant and License No. KA-5.251855-D to Respondent. Complainant’s address of record is 4024 E. Superior Ave., Phoenix, Arizona 85040-1731. Respondent’s address of record is 21317 S. 154th St., Gilbert, Arizona 85298-0294. Complainant filed a complaint against Respondent with the Registrar alleging that Respondent owed Complainant $1,340.00 for services that Complainant had provided on a project located at 6003 S. 99th Ave., Tolleson, Arizona 85353. Complainant provided its address as 2902 W. Virginia Ave., Phoenix, Arizona 85009 on the complaint Complainant subsequently requested a hearing on its complaint. Complainant’s letterhead provided the address on W. Virginia Ave. The Registrar issued a Notice of Hearing, setting a hearing on June 13, 2016, at 1:00 p.m. The Registrar mailed the Notice of Hearing to Complainant at the address on W. Virginia Ave. and to Respondent at its address of record. Neither party appeared at the hearing. Complainant did not request to appear telephonically and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed thirty minutes to allow Complainant additional travel time, Complainant did not appear through a member, authorized employee, or an attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Complainant did not present any evidence to prosecute its complaint against Respondent. CONCLUSIONS OF LAW This dispute lies within the Registrar’s jurisdiction to resolve.[1] Because the Notice of Hearing that the Registrar mailed to the address on Complainant’s complaint and request for hearing was reasonable, Complainant is deemed to have received notice of the hearing.[2] Complainant bears the burden of proof to establish cause to revoke, suspend, or otherwise discipline Respondent’s contractor’s license by a preponderance of the evidence.[3] Complainant’s failure to appear at the duly noticed hearing or to offer any evidence to prosecute its complaint precludes a finding that Respondent violated A.R.S. § 32-1154(A)(10). RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the final order in this matter, Case No. 2016-1080 against Respondent Aquatic Concepts, LLC’s License No. KA-5.251855-D 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, June 22, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] See A.R.S. § 32-1101 et seq. [2] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [3] See A.R.S. § 41-1092.07(G)(2); 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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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826