ALJDEC decisions subject to certification as final

2018A-2301-RFA-ROC · Registrar of Contractors · 2019-09-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: September 11, 2019 APPEARANCES: Complainant Patrick A. Maley appeared. Respondent Mary Alice Perry, doing business as Phoenician Pavers, did not appear. The Arizona Registrar of Contractors was represented by Assistant Attorney General Thomas Raine. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Respondent. CONCLUSIONS OF LAW By failing to appear at the hearing, Respondent did not meet the burden to present evidence to establish the proposed payout from the Recovery Fund was incorrect. See A.A.C. R2-19-119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Respondent’s appeal 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 40 days from the date of that certification. Done this day, September 13, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826