ALJDEC decisions subject to certification as final

2017A-1332-NPC-ROC · Registrar of Contractors · 2017-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Truss Fab LLC,

COMPLAINANT,

v.

D and J Construction Services LLC,

License No. CR61.276868-D,

RESPONDENT.

No. 2017A-1332-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 9, 2017, at 8:30 a.m.

APPEARANCES: Truss Fab LLC (“Complainant”) failed to appear; D and J Construction Services LLC (“Respondent”) was represented by James Sparks, Esq., Sparks Law Group, PLLC, and appeared through Jose F. Navarrete, its qualifying party/ member.

ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

_____________________________________________________________________

FINDINGS OF FACT

On or about February 13, 2012, the Arizona Registrar of Contractors (“the Registrar”) issued License No. CR61.276868-D to Respondent.

Complainant is supplies construction materials to contractors like Complainant to use in their construction project. On or about March 9, 2017, Complainant filed a complaint for non-payment with the Registrar alleging that Respondent owed $11,360.00 for materials used on two projects. Complainant provided its address as P.O. Box 848, Glendale, AZ 85311 on the complaint.

On April 21, 2017, the Registrar issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10).

Respondent filed a timely written answer to the Citation and Complaint, denying any statutory violation.

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

On May 1, 2017, the Registrar issued a Notice of Hearing, setting a hearing on June 9, 2017, at 8:30 a.m. at OAH. The Registrar mailed a copy of the Notice of Hearing to Complainant at the address on its complaint.

Respondent’s attorney and qualifying part/member appeared for the duly noticed hearing.

Complainant did not request to appear telephonically and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed eighteen minutes to allow Complainant additional travel time, Complainant did not appear, through an authorized employee, member, or attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Complainant did not present any evidence to prosecute its complaint against Respondent.

CONCLUSIONS OF LAW

This dispute lies within the Registrar’s jurisdiction to resolve.

Because the Notice of Hearing that the Registrar mailed to the address on Complainant’s complaint was reasonable, Complainant 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 by a preponderance of the evidence.

Complainant’s failure to appear at the duly noticed hearing or to offer any evidence to prosecute its complaint precludes a finding that Respondent violated A.R.S. § 32-1154(A)(10).

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RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s final order in this matter, Case No. 2017-1332 against Respondent

D and J Construction Services LLC’s License No. CR61.276868-D shall be dismissed.

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, June 9, 2017

Diane Mihalsky

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors