ALJDEC decisions subject to certification as final

2015A-347-ROC · Registrar of Contractors · 2015-11-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 5, 2015 APPEARANCES: None ADMINISTRATIVE LAW JUDGE: Suzanne Marwil _____________________________________________________________________ FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. At 11:00 a.m. on November 5, 2015, four hours before the scheduled hearing, the tribunal received a letter from Respondent indicating that it had paid Complainant the amount owed on November 2, 2015 and attaching a copy of a cashier’s check in the amount of $2,368.13. Thus, it appears that this matter may have been resolved before hearing. Complainant did not, however, withdraw its request for hearing. 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, November 9, 2015.

/s/ Suzanne Marwil Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

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