ALJDEC decisions subject to certification as final
2017A-3016-NPC-ROC-RES · Registrar of Contractors · 2017-11-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Copperstate Wall Systems LLC,
COMPLAINANT,
v.
Platinum Contracting LLC,
License No: 242611,
RESPONDENT.
No. 2017A-3016-NPC-ROC-RES
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: November 21, 2017, at 1:00 p.m.
APPEARANCES: Copperstate Wall Systems LLC (“Complainant”) failed to appear; Platinum Contracting LLC (“Respondent”) failed to appear.
ADMINISTRATIVE LAW JUDGE: Diane Mihalsky
_____________________________________________________________________
FINDINGS OF FACT
On or about February 21, 2008, the Arizona Registrar of Contractors (“the Registrar”) issued License No. CR10.242611-D for dual drywall to Respondent. Respondent’s address of record is P.O. Box 35424, Phoenix, Arizona 85069-5424.
On or about March 28, 2012, the Registrar issued License No. CR10.277896-D for dual drywall to Complainant. Complainant’s address of record is 4130 W. Caron St., Phoenix, Arizona 85051-3260.
On or about June 12, 2017, Complainant filed a complaint against Respondent with the Registrar, alleging that Respondent owed Complainant $2,000.00 for work pursuant to a subcontract between the parties. Complainant provided its address of record on the complaint.
On or about June 23, 2017, the Registrar issued a Citation for Alleged violation of A.R.S. § 32-1154(A)(10) against Respondent.
On or about July 10, 2017, Respondent filed a written answer to the Citation that did not deny that it owed money to Complaint, but alleging that it was “trying to work out a payment plan . . . with [Complainant].”
On or about August 3, 2017, the Registrar issued an Order Quashing Citation and Complaint and Order Vacating Hearing because it had determined that Complainant had not received the Notice of Hearing.
On or about August 9, 2017, the Registrar issued a second Citation for Alleged violation of A.R.S. § 32-1154(A)(10) against Respondent. The Registrar mailed the Citation to Complainant and Respondent at their addresses of record.
On or about September 21, 2017, Complainant informed the Registrar that Respondent had not resolved the complaint. The Registrar referred the matter to the Office of Administrative Hearings (“OAH”), an independent agency, for an evidentiary hearing.
On or about September 28, 2017, the Registrar issued a Notice of Hearing, setting a hearing on November 21, 2017, at 1:00 p.m. at OAH. The Registrar mailed a copy of the Notice of Hearing to Complainant and Respondent at their addresses of record.
Neither party informed OAH that they had resolved the complaint.
Neither party requested to appear telephonically or that the hearing be continued. Although the start of the duly noticed hearing was delayed thirty minutes to allow the parties additional travel time, neither party appeared, through an authorized member, employee, or attorney, or contacted 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 second Notice of Hearing that the Registrar mailed to Complainant’s address of record 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).
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the final order in this matter, Case No. 2017-3016 against Respondent Platinum Contracting LLC’s License No. CR10.242611-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, November 21, 2017.
Diane Mihalsky
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors