ALJDEC decisions subject to certification as final

2017A-5492-NPC-ROC · Registrar of Contractors · 2018-01-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Aquarium Pool and Plastering LLC.

COMPLAINANT

v.

Arizona Pool & Landscape Construction LLC,

License No: 296198

RESPONDENT.

No. 2017A-5492-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 5, 2018, at 1:00 p.m.

APPEARANCES: Complainant failed to appear. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Linda Marie Brown

_____________________________________________________________________

FINDINGS OF FACT

In accordance with A.R.S. § 41-1092.05, a Notice of Hearing was timely mailed by the Registrar of Contractors to Complainant at Aquarium Pool and Plastering LLC, 3232 West Orangewood Avenue, Phoenix, AZ 85051-7451, and Respondent at Arizona Pool & Landscape Construction LLC, 515 East Carefree Highway, Phoenix, AZ 85085-8839.

Complainant failed to appear at the noticed hearing. Complainant did not request to appear telephonically or request a continuance. The tribunal waited 20 minutes beyond the scheduled start time, but Complainant did not appear.

CONCLUSIONS OF LAW

By failing to appear at the noticed scheduled hearing, Complainant did not meet the burden to present evidence in support of the Complaint. 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 this appeal be denied.

In the event that the Administrative Law Judge Decision is certified 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 8, 2018.

/s/ Linda Marie Brown

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors