ALJDEC

98F-2026-ROC-com · Registrar of Contractors · 1999-11-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 17, 1999 APPEARANCES: No one appeared on behalf of the Complainants Aaron Kizer, Esq. Appeared on behalf of the Respondent, Chas Roberts Air Conditioning, Inc. (Roberts) Christopher Hamill, Esq. appeared on behalf of Respondent, Del Webb’s Coventry Homes Construction Co. (Del Webb) ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings Of Fact This matter came on for a compliance hearing at the date, time and place set forth in the Notice of Hearing. The hearing of this matter was for the purpose of determining if there was compliance with the Order of the Registrar of Contractors (Registrar), which Order adopted the Administrative Law Judge’s Recommended Order requiring the Respondents to cause the livable areas in the Complainants’ home to meet minimum industry heating standards including an acceptable variation in temperature between lower and upper floors during reasonably anticipated cold weather in Scottsdale, Arizona. Both Respondents filed Notices of Completion of Repairs at the end of March, 1999. The Complainant failed to appear to present any evidence in the case. Conclusions Of Law 1. The Respondents having filed documentation asserting the required corrective work has been completed, the Complainant has the burden of proof by a preponderance of the evidence, that the repairs have not been done or have not been satisfactorily done. 2. The Complainant failed to appear and no evidence was presented which would show the inadequacy or a failure of the corrective work. Absent such evidence, the Complainant has not met the required burden of proof and only one Recommended Order can issue. Recommended Order In view of the foregoing it is recommended that Case No. 98F-2026- ROC, against Respondent Chas Roberts Air Conditioning, Inc., and Case No. 98F-1562-ROC, against Del Webb’s Coventry Homes Construction Co., be closed. Done this day, November, 1999.

______________________________________ ALLEN REED Administrative Law Judge

Original transmitted by mail this ____ day of November, 1999, to:

Registrar of Contractors Michael P. Goldwater ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826