ALJDEC decisions subject to certification as final

2018A-3445-RFA-ROC · Registrar of Contractors · 2019-05-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 22,, 2019 APPEARANCES: John Tellier, Esq., Asst. Atty General on behalf of the Fund; Marlee McCormick, Legal Asst. for the Fund. ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

FINDINGS OF FACT The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.[1] The Registrar issued a Notice of Hearing on April 18, 2019, setting a hearing at 9:00 on May 22, 2019. The Registrar mailed copies of the Notice of Hearing to Complainant at its address of record. The Notice of Hearing informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.” A hearing was held on May 22, 2019 by the undersigned Administrative Law Judge. Complainant did not request to appear telephonically and did not request that the hearing be continued. Although the start of the hearing was delayed 20 minutes, Complainant did not appear Consequently, Complainant did not present any evidence in support of its appeal of the Residential Contractors Recovery Fund’s March12, 2019 Notice of Claim for Administrative Payout Award of $8,469.30.[2] 6. The copies of the Notice of Hearing that the Registrar mailed to Complainant at its address of record and at the address on its written answer were reasonable and Complainant is deemed to have received notice of the hearing.[3] CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. 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, Complainant’s complaint 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, May 22, 2019. /s/ Randolph D. Wolfson Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

----------------------- [1] Administrative Judicial Notice is taken of the entirety of the Registrar’s physical and electronic records in this matter, including, but not limited to information displayed on the Registrar’s Public Access Website [2] Fund Exhibit 14. [3] A.R.S. §§ 41-1092.04 and 41-1092.05(D).

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