ALJDEC decisions subject to certification as final

2016A-2315-RFA-ROC · Registrar of Contractors · 2019-08-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 16, 2019 APPEARANCES: Nathan Satterfield appeared on his own behalf. The Arizona Registrar of Contractors was represented by Assistant Attorney General Thomas Raine. Respondent Hillcrest Remodeling LLC did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT Respondent appealed the Arizona Registrar of Contractors’ award of a payout from the Recovery Fund to Complainant. Respondent’s appeal was set to convene for hearing at 1:30 p.m. on August 16, 2019, at the Office of Administrative Hearings in Phoenix, Arizona. No representative for Respondent appeared by 1:50 p.m. and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2- 19-119. Because Respondent failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Respondent’s appeal should be dismissed. ORDER IT IS ORDERED that Respondent’s appeal is 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 is the date of that certification. Done this day, August 23, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826