ALJDEC decisions subject to certification as final

2018A-2451-ROC · Registrar of Contractors · 2019-06-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 30, 2019 APPEARANCES: Complainant Angelo Nick Scarpitta appeared on behalf of himself. Assistant Attorney General Thomas Raine appeared on behalf of the Arizona Registrar of Contractors. No one appeared on behalf of Respondent Brothers In Faith Heating & Cooling, LLC. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson _____________________________________________________________________ FINDINGS OF FACT 1. On March 1, 2019, the Arizona Registrar of Contractors (Registrar) issued a Notice of Claim for Administrative Payout that provides, in relevant part, as follows: After review of the claim and all supporting documentation, the Fund has determined that Complainants are to be awarded $2,640 in the form of payment issued by the Fund.

2. Respondent filed a timely appeal to the Notice of Claim for Administrative Payout. 3. The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing regarding the amount and/or propriety of the payment from the Fund.

4. On April 9, 2019, the Registrar of Contractors, (hereinafter “Registrar”), issued a Notice of Recovery Fund Hearing setting the above- captioned matter for hearing on April 5, 2017, at the Office of Administrative Hearings in Phoenix, Arizona. The Notice provided that the issue set for determination was whether, “an award and payment from the Contractors’ Recovery Fund pursuant to A.R.S. § 32-1154(F) is justified by the evidence.” 5. No one appeared on behalf of Respondent. 6. Mr. Scarpitta stated that he was not contesting Notice of Claim for Administrative Payout. 7. The Registrar’s representative requested that a default be issued against Respondent. CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2- 19-119. Because Respondent failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, the appeal should be dismissed. ORDER IT IS ORDERED that Respondent’s appeal is 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 is the date of that certification. Done this day, June 19, 2019.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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