ALJDEC decisions subject to certification as final

2016A-2352-ROC · Registrar of Contractors · 2016-09-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 16, 2016, at 10:00 a.m. APPEARANCES: Top Quality Roofing LLC (“Applicant”) failed to appear; the Arizona Registrar of Contractors (“the Registrar”) was represented by Thomas Raine, Esq., Assistant Attorney General. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky _____________________________________________________________________

FINDINGS OF FACT Applicant filed an application with the Registrar to be licensed as a contractor in Arizona. The address on the application was P.O. Box 6505, Nogales, Arizona 85628-6505. The Registrar informed Applicant that it had determined to deny the application. Applicant requested a hearing. Pursuant to A.R.S. § 41- 1092.02, the Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing. On July 15, 2016, the Registrar issued a Notice of Hearing, informing Applicant that, pursuant to its request, a hearing would be held on August 31, 2016, at 1:00 p.m. The Registrar sent the notice of hearing to Applicant at its address of record. On August 30, 2016, OAH received Applicant’s request that the hearing be continued because it had not yet received documents from its public records request to the Registrar. The Registrar’s attorney indicated that it did not oppose the request. On August 31, 2016, the Administrative Law Judge assigned to hear the case issued an order continuing the hearing to September 16, 2016, at 10:00 a.m. OAH staff sent the August 31, 2016 order to Applicant at its address of record. A hearing was held on September 16, 2016, at 10:00 a.m. The Registrar’s attorney and witness appeared. Applicant did not request to appear telephonically at the hearing that had been continued at its request. Although the beginning of the continued hearing was delayed more than 30 minutes to allow Applicant additional travel time, it did not appear through a member, authorized employee, or attorney, and did not present any evidence to support its qualifications to be licensed as a contractor in Arizona. CONCLUSIONS OF LAW The Registrar is the duly constituted authority for licensure and regulation of contractors in Arizona. This matter lies with its jurisdiction.[1] The notice of the continued hearing that OAH sent to Applicant at its address of record was reasonable and it is deemed to have received notice of the continued hearing.[2] Applicant bears the burden of proof to establish by a preponderance of the evidence that it is qualified to be licensed as a contractor in Arizona and that the Registrar therefore erred in denying its application.[3] Applicant, by failing to appear at the hearing, failed to carry its statutory burden of proving that it is qualified to be licensed as contractor in Arizona. Consequently, the record does not support any finding that Applicant is qualified to be licensed as a contractor or that the Registrar erred in denying its application. RECOMMENDED ORDER In view of the foregoing, and in light of Applicant’s failure to prosecute its appeal, it is recommended the appeal in Case No. 2016-2352 shall be dismissed and that the Registrar affirm its denial of Top Quality Roofing LLC’s application for licensure as a contractor in Arizona. 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, September 20, 2016.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] A.R.S. §§ 32-1104 and 32-1121 et seq. [2] See A.R.S. §§ 41-1092.04; 41-1092.05(D). [3] 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).

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