ALJDEC decisions subject to certification as final

2016A-2947-ROC · Registrar of Contractors · 2016-11-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Chris Rico,

COMPLAINANT,

v.

Desert Valley Plastering LLC,

License No. CR36.247701-D,

RESPONDENT.

No. 2016A-2947-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 7, 2016, at 1:00 p.m.

APPEARANCES: Chris Rico (“Complainant”) failed to appear; Desert Valley Plastering LLC (“Respondent”) appeared through Armando Corona, a member.

ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

_____________________________________________________________________

FINDINGS OF FACT

The Arizona Registrar of Contractors (“the Registrar”) issued License No. CR36.247701-D to Respondent”.

Complainant filed a complaint with the Registrar against Respondent. Complainant provided his mailing address on the complaint form.

The Registrar referred the matter to the Office of Administrative Hearings (“the OAH”), an independent State agency, for an evidentiary hearing.

The Registrar issued a Notice of Hearing, setting a hearing on November 7, 2016, at 1:00 p.m. at the OAH. The Notice of Hearing advised Complainant that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.”

The Registrar mailed a copy of the Notice of Hearing to Complainant at the address on his complaint.

Although the start of the hearing was delayed fifteen minutes, Complainant did not request to appear telephonically, did not appear personally or through an attorney, and did not contact the OAH to request a continuance or that the start of the hearing be further delayed. Consequently, Complainant did not present any evidence to prosecute his complaint against Respondent.

CONCLUSIONS OF LAW

The Notice of Hearing that the Registrar mailed to Complainant at the address that he provided was reasonable and he is deemed to have received notice of the hearing. The Registrar has jurisdiction over this matter.

Complainant bears the burden of proof to establish cause to suspend or revoke Respondent’s license under the provisions of A.R.S. § 32-1154(A) that the Registrar charged in the Citation by a preponderance of the evidence.

Complainant by failing to appear or to present any evidence at the duly noticed hearing failed to meet his burden to establish that Respondent violated the charged statutes.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the final order, the Registrar dismiss Complainant Chris Rico’s complaint in Case 2016-2947 against Respondent Desert Valley Plastering LLC’s License No. CR36.247701-D.

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, November 7, 2016.

/s/ Diane Mihalsky

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors