ALJDEC decisions subject to certification as final

2016A-3307-ROC · Registrar of Contractors · 2016-11-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

United Subcontractors, Inc.,

COMPLAINANT,

v.

Belmont Homes, Inc.,

License No: 153079

RESPONDENT.

No. 2016A-3307-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 2, 2016

APPEARANCES: No one appeared for Complainant or Respondent.

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 or Respondent.

A review of the file suggests that by September 22, 2016, Respondent had paid Complainant the amount it owed, thereby mooting the matter, but Complainant failed to request that the hearing be vacated.

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 8, 2016.

/s/ Suzanne Marwil

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors