ALJDEC decisions subject to certification as final
2017A-3320-CHC-ROC · Registrar of Contractors · 2020-02-04
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Knox Associates, Inc. dba The Knox Company,
COMPLAINANT,
v.
Blue Mountain Construction Inc.,
License No: 303849
RESPONDENT
No. 2017A-3320-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: February 4, 2020
APPEARANCES: Complainant did not appear. Brian Mercer appeared on behalf of Respondent and was represented by Richard Erickson,
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
FINDINGS OF FACT
The above-captioned matter was set to convene for hearing at 9:00 a.m. on February 4, 2020, at the Office of Administrative Hearings in Phoenix, Arizona. Notice of the hearing date was sent to counsel for Complainant and Respondent at the addresses on record with the Office of Administrative Hearings.
Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant.
Counsel for Respondent indicated that he had learned on or about January 6, 2020, that counsel for Complainant had changed law firms when he was attempting to obtain counsel’s position on a requested motion to continue the hearing.
Counsel for Respondent also avowed that counsel for Complainant had filed a notice of change of address in the related superior court case indicating counsel had changed law firms. No such notice was provided to the Office of Administrative Hearings.
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 Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.
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.
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-137160-45720000Done this day, February 4, 2020.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors