ALJDEC decisions subject to certification as final

2014A-647-ROC · Registrar of Contractors · 2014-04-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 15, 2014

APPEARANCES: No one appeared on behalf of Perkes Family Construction LLC; the State of Arizona, Registrar of Contractors, was represented by Assistant Attorney General Seth Hargraves, accompanied by Chief of Licensing Mathew Lawrence and Assistant Chief of Licensing Paul Terek.

ADMINISTRATIVE LAW JUDGE: Eric A. Bryant _____________________________________________________________________

Perkes Family Construction, LLC (hereinafter “Applicant”) applied for licensure by the ROC. The application was denied and Applicant requested a hearing. The hearing was scheduled for 8:00 a.m. on April 15, 2014. As noted above, Applicant did not appear at the appointed time and place. This tribunal waited until 8:15 a.m. to see if Applicant would appear, but Applicant did not. Neither was there any communication from Applicant. Because Applicant failed to appear and put forward evidence, the record contains no evidence supporting the request to grant the application. The burden of proof at an administrative hearing is generally upon the party asserting a claim, right, or entitlement.[1] Further, the standard of proof is “preponderance of the evidence,” meaning evidence showing that a particular fact is “more probable than not.”[2] Therefore, Applicant t bears the burden of showing, by a preponderance of the evidence, that Applicant meets the requirements for licensure. Applicant has not met that burden. By failing to appear and present evidence, Applicant has failed to show that it qualifies for an ROC license. Considering the foregoing, IT IS RECOMMENDED that the application for licensure filed by Perkes Family Construction, LLC, Pending License No. B.286628-R, be denied.

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 5 days from the date of that certification.

Done this day, April 15, 2014.

/s/ Eric A. Bryant Administrative Law Judge

Transmitted electronically to:

William A. Mundell, Director Registrar of Contractors ----------------------- [1] Arizona Administrative Code (A.A.C.) R2-19-119(B). [2] Culpepper v. State, 187 Ariz. 431, 437, 930 P.2d 508, 514 (Ct. App. 1996); In the Matter of the Appeal in Maricopa County Juvenile Action No. J- 84984, 138 Ariz. 282, 283, 674 P.2d 836, 837 (1983).

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