ALJDEC decisions subject to certification as final
2017A-1610-CHC-ROC · Registrar of Contractors · 2017-12-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Henry H Danelski,
COMPLAINANT,
v.
USA Construction LLC,
DBA: Best Quality Construction Co ,
License No. KB-1.270936-D,
RESPONDENT.
No. 2017A-1610-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 20, 2017, at 8:30 a.m.
APPEARANCES: Henry H. Danelski (“Complainant”) failed to appear; USA Construction LLC DBA Best Quality Construction Co. appeared through Haithem Talal Haddad, its qualifying party/member.
ADMINISTRATIVE LAW JUDGE: Diane Mihalsky
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Registrar of Contractors (“the Registrar”) issued License No. KB-1.270936-D to Respondent.
Complainant filed a complaint against Respondent with the Registrar, alleging that it had performed poor work in installing a new roof on Complainant’s house. 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.
On October 31, 2017, the Registrar issued a Notice of Hearing, setting a hearing on December 20, 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 his complaint.
On December 15, 2017, Complainant sent an email to the Registrar and the OAH, stating that Respondent had hired roofing subcontractors to repair the roof and that Complainant was satisfied with the subcontractors’ repairs. Complainant expressly indicated that he was not satisfied with Respondent and considered its qualifying party/member to be “unprofessional, rude and unfair.” Complainant did not request that the hearing be vacated or indicate that he did not intend to attend the hearing.
A hearing was held on December 20, 2017. Respondent’s qualifying party/ member and the Registrar’s assigned investigator appeared.
Although the start of the hearing was delayed eleven 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 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 he is deemed to have received notice of the hearing.
Complainant bears the burden of proof to establish that Respondent violated 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 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 Henry H. Danelski’s complaint in Case 2017-1610 against Respondent USA Construction LLC DBA Best Quality Construction Co.’s License No. KB-1.270936-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, December 20, 2017
Diane Mihalsky
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors