ALJDEC decisions subject to certification as final

2016A-3427-ROC · Registrar of Contractors · 2017-01-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Daniel Taylor McKeithan,

COMPLAINANT

-v-

Three Diamonds Construction LLC,

License No. 300113

RESPONDENT

No. 2016A-3427-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 13, 2017

APPEARANCES: No one appeared for either party

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

_____________________________________________________________________

FINDINGS OF FACT

On October 17, 2016, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on December 6, 2016, at the Office of Administrative Hearings in Phoenix, Arizona.

Administrative Law Judge Suzanne Marwil convened the hearing at the scheduled time. On December 7, 2016, ALJ Marwil issued an Order Setting Date for Written Status Update. On December 22, 2016, ALJ Marwil issued an Order Resetting Hearing, which informed the parties that the hearing would be convened on January 13, 2017 at 8:30 a.m.

The matter was reassigned to the undersigned Administrative Law Judge.

No representative for either party appeared on January 13, 2017, and consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

Unless otherwise provided by law, a party asserting a claim, right, or entitlement bears the burden of proof; a party asserting an affirmative defense has the burden of establishing the affirmative defense. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119.

“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2).

Because no one appeared and prosecuted the matter, the Citation and Complaint are unsupported by evidence. Consequently, this matter should be dismissed.

ORDER

IT IS ORDERED that Case No. 2016-3427 and the related Citation are 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 forty days after the date of that certification.

Done this day, January 17, 2017.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors