ALJDEC decisions subject to certification as final

2024A-03929-CHC-ROC · Registrar of Contractors · 2024-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Elizabeth Vail,

COMPLAINANT,

Classic Garage Inc.

ROC License No. 240029,

RESPONDENT.

No. 2024A-03929-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: August 29, 2024 at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of Elizabeth Vail (“Complainant”). No appearance(s) by or on behalf of Classic Garage Inc. (“Respondent”). Jim Dimond appeared on behalf of the Arizona Registrar of Contractors (“Registrar”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

EXHIBITS ADMITTED INTO EVIDENCE: N/A.

FINDINGS OF FACT

Background and Procedure

On July 23, 2024, the Registrar issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter which set an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on August 29, 2024, at 9:00 a.m. Per the Notice of Hearing, the issues to be determined are whether the Registrar has cause to discipline Respondent’s license based on the following alleged statutory violations:

Charge 1: A.R.S. § 32-1154(A)(3) – A.A.C. R4-9-108(a)

Charge 2: A.R.S. § 32-1154(A)(22)

Correspondence was not returned as undeliverable to either party.

On July 23, 2024, OAH issued a Hearing Order to the parties that granted permission to appear remotely for these proceedings, including both videoconference and teleconference information. Correspondence was not returned as undeliverable to either party.

On August 29, 2024, although afforded a ten (10) minute grace period, Complainant failed to appear for the hearing. No written request to appear via alternative means or continue the matter was received by or on behalf of Complainant.

There is no Settlement Order on file for this case at OAH.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. The matter was properly brought before OAH.

Complainant bears the burden of proof to establish cause for the Registrar to discipline Respondent’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Ariz. Rev. Stat. § 32-1154(A)(3) includes among the grounds for suspension, revocation, or other disciplinary action against a contractor’s license, “[v]iolation of any rule adopted by the registrar.”

Ariz. Admin. Code R4-9-108(a) requires that “[a] contractor shall perform all work in a professional and workmanlike manner.”

Ariz. Rev. Stat. § 32-1154(A)(22) provides, in pertinent part, that “[a] holder of a license may not fail to take appropriate corrective action to comply with this chapter or rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. The Registrar has the authority to issue license discipline under this provision, including summary suspension, revocation, or imposing a civil penalty or recovery fund award.

Ariz. Admin. Code R2-19-117 provides that if a party fails to appear at a hearing, the administrative law judge may vacate the hearing and return the matter to the agency for any further action.

Ariz. Admin. Code R2-19-119 provides that the party asserting a claim, right, or entitlement has the burden of proof by a preponderance of the evidence.

Because Complainant defaulted her appearance, she failed to establish Respondent’s alleged violation(s) of Ariz. Rev. Stat. §§ 32-1154(A)(3) and/or 32-1154(A)(22) by a preponderance of the evidence. As such, no grounds exist to establish cause for the Registrar to discipline Respondent’s contractor’s license.

ORDER

Based on the foregoing,

IT IS ORDERED that the Registrar dismiss Complaint No. 2024-03929.

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 forty (40) days from the date of that certification.

-54864001

001

-137160-45720000Done this day, August 30, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Elizabeth Vail, Complainant

2490 W. Mesa Oak Ct.

Prescott, AZ 86305

[email redacted]

Classic Garage Inc., Respondent

P.O. Box 3723

Prescott, AZ 86302

[email redacted]

By: OAH Staff