ALJDEC decisions subject to certification as final

2017A-3706-LDA-ROC · Registrar of Contractors · 2017-09-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Registrar of Contractors,

IN THE MATTER OF THE

APPLICATION OF:

Havana Shade, LLC,

PENDING LICENSE NO:

313050

No. 2017A-3706-LDA-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 8, 2017

APPEARANCES: Havana Shade, LLC did not appear.

Assistant Attorney General Thomas Raine appeared on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

Havana Shade, LLC (“Havana Shade”) submitted an Application for Contractor’s License to the Registrar of Contractors (“Registrar”).

The Registrar issued a Notice of Application Denial of Havana Shade’s application. Havana Shade requested a hearing on the denial.

The Registrar referred the matter to the Office of Administrative Hearings (the OAH), an independent state agency, for an evidentiary hearing.

On July 26, 2017, the Registrar issued a Notice of Hearing. The Registrar mailed a copy of the Notice to Havana Shade at the address on its application.

Havana Shade did not request to appear telephonically at the hearing and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed 20 minutes to allow Havana Shade additional travel time, it did not appear, through an attorney or representative, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Havana Shade did not present any evidence.

CONCLUSIONS OF LAW

The Notice of Hearing that the Registrar mailed to Havana Shade at the address that provided on the application was reasonable and it is deemed to have received notice of the hearing.

Havana Shade bears the burden of proof to establish that it meets statutory and regulatory qualifications for a contractor’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

By failing to appear at the hearing or to present any evidence, Havana Shade did not carry its burden.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the final Order, the Registrar’s Notice of Application Denial be affirmed.

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 five days from the date of that certification.

Done this day, September 25, 2017

Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors