ALJDEC decisions subject to certification as final

2017A-5866-CHC-ROC · Registrar of Contractors · 2018-04-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

David Jonathan Roy,

COMPLAINANT,

v.

Nyce Concrete Construction Inc,

License No: 170713

RESPONDENT.

No. 2017A-5866-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 23, 2018

APPEARANCES: Kenneth Pennington, ROC Investigator.

ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

_____________________________________________________________________

FINDINGS OF FACT

Complainant failed to appear at the hearing. At the direction of the Administrative Law Judge, staff of the Office of Adminstrative Hearings conferred with Complainant David Jonathan Roy by telephone who advised the Notice of Hearing for this date and time was received Complainant by mail.

The tribunal waited 20 minutes beyond the scheduled start time for this hearing. No one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See 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.

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, April 23, 2018.

/s/ Randolph D. Wolfson

Administrative Law Judge

Transmitted electronically to:

Complainant

David Jonathan Roy

8544 W Mary Ann Dr

Peoria, AZ 85382-1411

Respondent

Nyce Concrete Construction Inc

PO Box 20073

Phoenix, AZ 85036-0073

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

By:________