ALJDEC decisions subject to certification as final
2017A-1216-CHC-ROC · Registrar of Contractors · 2017-07-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Wholesale Floors LLC,
COMPLAINANT,
v.
Carbajal's Brother's Flooring LLC ,
License No. CR-8.296437-D,
RESPONDENT.
No. 2017A-1216-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 7, 2017, at 8:30 a.m.
APPEARANCES: Wholesale Floors Inc. (“Complainant”) failed to appear; Carbajal’s Brother’s Flooring (“Respondent”) appeared through its general manager, Angel Carbajal, Sr., and job superintendent, Angel Carbajal, Jr.
ADMINISTRATIVE LAW JUDGE: Diane Mihalsky
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Registrar of Contractors (“the Registrar”) issued License No. CR-8.296437-D dual floor covering to Respondent.
The Registrar issued License Nos. CR48.245662-D, CR-8.245663-D, CR-5.260816-D, CR-5.271474-D, CR-5.299063-D, and B-1.312921-C to Complainant.
Complainant filed a complaint with the Registrar against Respondent, alleging that Respondent had performed poor work on a subcontract to install tile flooring at a job for the City of El Mirage located at 10000 N. El Mirage Rd., El Mirage, Arizona 85301. 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 July 7, 2017, at 8:30 a.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 its complaint.
Respondent appeared through two of its authorized employees. Jack Grimm, the Registrar’s investigator assigned to the complaint, also appeared.
Although the start of the hearing was delayed fifteen minutes, Complainant did not request to appear telephonically, did not appear through a member, authorized employee, or 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 to the Registrar against Respondent.
CONCLUSIONS OF LAW
The Notice of Hearing that the Registrar mailed to Complainant at the address that he provided was reasonable and it is deemed to have received notice of the hearing.
Complainant bears the burden of proof to establish cause to suspend or revoke Respondent’s contractor’s license under the charged provisions of A.R.S. § 32-1154(A) by a preponderance of the evidence.
Complainant by failing to appear or to present any evidence at the duly noticed hearing failed to meet its burden to establish that cause to suspend or revoke Respondent’s contractor’s license under 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 Wholesale Floors LLC’s complaint in Case 2017-1216 against Respondent Carbajal’s Brother’s Flooring LLC’s License No. CR-8.296437-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.
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Done this day, July 7, 2017
Diane Mihalsky
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors