ALJDEC decisions subject to certification as final

2018A-2394-CHC-ROC · Registrar of Contractors · 2018-10-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 22, 2018, at 8:30 a.m. APPEARANCES: Timothy King (“Complainant”) failed to appear; Build Masters LLC (“Respondent”) failed to appear. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

FINDINGS OF FACT 1. The Arizona Registrar of Contractors (“the Registrar”) issued License No. ROC310552 to Respondent. 2. The Registrar received a complaint against Respondent from Complainant. Complainant provided his mailing address on the complaint form. 3. The Registrar referred the matter to the Office of Administrative Hearings (“the OAH”), an independent state agency, for an evidentiary hearing. 4. The Registrar issued a Notice of Hearing, setting a hearing on October 22, 2018, 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.” 5. The Registrar mailed a copy of the Notice of Hearing to Complainant at the address on his complaint. 6. The Registrar’s Investigator assigned to investigate the complaint, Steve Lawton, appeared at the time on the date on the Notice of Hearing. Investigator Lawton indicated that the parties may have settled their dispute, but had not confirmed the settlement in a writing sent to the Registrar. 7. 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. 8. Respondent also did not request to appear telephonically, did not appear through a member, an authorized employee, or an attorney, and did not contact the OAH to request a continuance or that the start of the hearing be further delayed. CONCLUSIONS OF LAW 1. 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.[1] 2. 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.[2] 3. 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 Timothy King’s complaint in Case 2018-2394 against Respondent Build Masters LLC’s License No. ROC310552. 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, October 22, 2018.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] See A.R.S. §§ 41-1092.04 and 41-1092.05(D). [2] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837, 838 (1952).

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