ALJDEC

98F-2578-ROC-RHG-res · Registrar of Contractors · 1999-10-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

LIMITED REHEARING: October 7, 1999 APPEARANCES: The Complainant, Amy S. Fisher, appeared personally. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ This matter was previously heard by Administrative Law Judge Brian Brendan Tully on December 21, 1998. On January 7, 1999, Judge Tully issued a recommended decision and order. On January 21, 1999, the Registrar of Contractors issued an order adopting Judge Tully’s recommended order. The Registrar of Contractors’ order required, among other things, that Respondent undertake remedial repairs to certain patio bricks which had been damaged by stucco debris. On February 12, 1999, Respondent, through counsel, filed a petition for rehearing in the Office of Administrative Hearings in which Respondent sought modification of the Registrar of Contractors’ order. Specifically, Respondent sought modification of that portion of the Registrar of Contractors’ order which required Respondent to repair the patio bricks. Respondent alleged he should not be required to remedy the damage to the patio bricks because Complainant had accepted payment from Respondent’s insurance carrier for such damage. Respondent failed to appear at the rehearing. Consequently, Respondent presented no evidence in support of the allegations supporting his petition for rehearing. For this reason, it is recommended that Respondent’s requested relief be denied and that the Registrar of Contractors’ January 21, 1999 order remain in full force and effect as originally issued.

Done this day, October 8, 1999

______________________________________ Daniel G. Martin Administrative Law Judge

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

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

ATTN: Joyce Armijo

By ___________________________

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