ALJDEC decisions subject to certification as final

2017A-5633-NPC-ROC · Registrar of Contractors · 2018-02-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Omega Plumbing LLC,

COMPLAINANT,

v.

New Legacy Building and Design Incorporated ,

License No: 199643

RESPONDENT.

No. 2017A-5633-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 12, 2018, 10:00 A.M.

APPEARANCES: No appearance on behalf of Complainant; no appearance on behalf of Respondent

ADMINISTRATIVE LAW JUDGE: Roger A. Geddes

_____________________________________________________________________

FINDINGS OF FACT

1. Neither Complainant nor Respondent appeared at the hearing.

2. The Notice of Hearing on this matter, dated January 3, 2018, informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.”

3. The Notice of Hearing further advised of the procedure for requesting a continuance of the hearing.

4. Although the commencement of the hearing was delayed, Complainant did not appear at any time for the hearing through an authorized officer, employee, attorney, or any other person. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request to appear telephonically and did not request that the February 12, 2018, hearing be continued.

CONCLUSIONS OF LAW

1. The copy of the original Notice of Hearing that the Registrar mailed to Complainant at his address of record was reasonable and Complainant is deemed to have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).

2. 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 these matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-19-119. By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint.

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 5 days from the date of that certification.

Done this day, February 27, 2018.

/s/ Roger Geddes

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors