ALJDEC decisions subject to certification as final
2017A-2573-NPC-ROC · Registrar of Contractors · 2017-08-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Desert Fire and Communications LLC,
COMPLAINANT,
v.
Imagine Builders LLC ,
License No. KB-1.293011-D,
RESPONDENT.
No. 2017A-2573-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: August 11, 2017, at 8:30 a.m.
APPEARANCES: Desert Fire and Communications LLC (“Complainant”) failed to appear; Imagine Builders LLC (“Respondent”) failed to appear.
ADMINISTRATIVE LAW JUDGE: Diane Mihalsky
_____________________________________________________________________
FINDINGS OF FACT
The Arizona Registrar of Contractors (“the Registrar”) has issued License Nos. CR67.249671-D and CR24.272797-D to Complainant. Complainant’s address of record is 7402 W. Detroit St., Ste. 140, Chandler, AZ 85226-2420.
The Registrar issued License No. KB-1.293011-D to Respondent. Respondent’s address of record is 7745 E. Gelding Dr., Scottsdale, Arizona 85260-2925.
On or about May 16, 2017, Complainant filed a complaint against Respondent alleging that Respondent owed Complainant $13,000.00 for work that Complainant had performed pursuant to a subcontract.
Complainant provided its address of record on the complaint.
On June 2, 2017, the Registrar issued a Citation for Alleged Violation of A.R.S. § 32-1154(A)(10). The Registrar sent the Citation to Complainant at 3730 E. Superior Ave. #100, Phoenix, Arizona 85040-1667 and to Respondent at 8010 E. Morgan Trl. Ste 11, Scottsdale, Arizona 85258-1234. The reasons that the Registrar sent the Citation to the parties at these addresses do not appear in the record.
Respondent filed a timely written answer to the Citation and Complaint, stating that it had experienced difficult setbacks but that it expected to pay Complainant all monies owed within four months.
The Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
On June 22, 2017, the Registrar issued a Notice of Hearing, setting a hearing on August 11, 2017, at 8:30 a.m. at the OAH. The Registrar mailed a copy of the Notice of Hearing Complainant at the address on E. Superior Ave. and to Respondent at its address on E. Morgan Trl.
Neither party appeared for the duly noticed hearing.
Complainant did not request to appear telephonically at the hearing and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed fifteen minutes to allow Complainant additional travel time, Complainant did not appear, through a member, authorized employee, 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.
It appears that both parties were aware of the complaint for nonpayment and that the parties resolved their dispute before the hearing, but failed to inform the Registrar or OAH. On this record, Complainant is deemed to have received notice of the hearing. If it later is able to establish that it did not receive notice of the hearing, it may request a rehearing.
Complainant bears the burden of proof to establish statutory violations 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).
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. 2017-2573 against Respondent
Imagine Builders LLC’s License No. KB-1.293011-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, August 11, 2017
Diane Mihalsky
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors