ALJDEC decisions subject to certification as final

2017A-4729-NPC-ROC · Registrar of Contractors · 2018-01-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

One Source Flooring and Interiors,

COMPLAINANTS,

v.

US Contractors LLC,

License No: 308532

RESPONDENT.

No. 2017A-4729-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 18, 2017

APPEARANCES: Complainant did not appear. Respondent did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

On October 23, 2017, the Arizona Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 10:00 a.m. on December 18, 2017, at the Office of Administrative Hearings in Phoenix, Arizona.

On December 12, 2017, Edward J. Marko filed a Notice of Appearance and a Motion to Continue Hearing (Motion) with the Office of Administrative Hearings. Mr. Marko did not indicate in the Motion that he had obtained Respondent’s position on the Motion.

Given the timing of the Motion, the assigned administrative law judge issued a Minute Entry indicating that Respondent had until 5:00 p.m. on December 15, 2017, to file a written response to the Motion. Respondent did not file a response by that time.

Complainant did not contact the Office of Administrative Hearings to determine if the Motion had been granted prior to the hearing time.

No representative for Complainant appeared by 10:20 a.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 Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.

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, January 4, 2018

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors