ALJDEC decisions subject to certification as final

2016A-3173-RFA-ROC · Registrar of Contractors · 2017-09-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Richard J & Nancy Hegener,

COMPLAINANTS,

-v-

Greenleaf Landscaping Inc.,

License No(s). CR21.207190-D

RESPONDENT.

No. 2016A-3173-RFA-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 28, 2017

APPEARANCES: Richard and Nancy Hegener appeared personally. The Register of Contractors was represented by John Tellier, Esq. No one appeared for Respondent.

ADMINISTRATIVE LAW JUDGE: Suzanne Marwil

_____________________________________________________________________

FINDINGS OF FACT

1. Both Complainants and Respondent protested the administrative payout issued by the Registrar of Contractors in this recovery fund case. Following hearing, Complainant’s withdrew their protest to the amount of the administrative payout after the evidence reflected that they had received the amount reflected in the highest bid they submitted minus the balance still remaining on their original contract with Respondent, which is the maximum amount permitted to be paid out under A.R.S. § 32-1132(A).

2. Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time and conducted a one-hour hearing, but no one appeared for Respondent.

CONCLUSIONS OF LAW

1. By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of decreasing the amount of the administrative payout in this case. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, the June 13, 2017 award of administrative payout shall stand as issued and is affirmed.

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 40 days from the date of that certification.

Done this day, September 28, 2017

Suzanne Marwil

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors