ALJDEC decisions subject to certification as final

2016A-3527-RFA-ROC · Registrar of Contractors · 2017-10-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

David Louis Segal,

Complainant,

v.

C Blackshear Construction LLC,

License No: 288366

Respondent.

No. 2016A-3527-RFA-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 5, 2017

APPEARANCES: David Louis Segal (Complainant) appeared personally. The Register of Contractors (Registrar) was represented by Thomas Raine, Esq. No one appeared for C. Blackshear Construction, LLC (Respondent).

ADMINISTRATIVE LAW JUDGE: Suzanne Marwil

_____________________________________________________________________

FINDINGS OF FACT

1. Both Complainant and Respondent protested the administrative payout issued by the Registrar in this recovery fund case. At hearing, Complainant and the Registrar agreed to increase the amount of the administrative payout after the evidence reflected that the Marcel bid of $3,100.00 for painting-related work originally utilized by the Registrar did not include several items contained in the Directive from the Registrar and hence was not the lowest bid that covered all items in the Directive.

2. Based on the above, the Registrar and Complainant agreed and the evidence reflected that that the lowest bid that covered all items on the Directive was from Paint Kings’, which totaled $3,700.00 such that the administrative payout should be increased by $600.00. No change of the amount of the bids for the cabinet work required by the Directive was sought by either Complainant or the Registrar.

3. Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time and conducted a 27 minute 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.

2. Complainant established that the administrative payout should be increased by $600.00 to $4,785.50.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, award of administrative payout should be increased by $600.00 to $4,785.50.

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, October 5, 2017

Suzanne Marwil

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors