ALJDEC decisions subject to certification as final

2017A-5949-NPC-ROC · Registrar of Contractors · 2018-03-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Circle V Contracting LLC,

COMPLAINANT,

v.

Michael Wayne Edens dba,

Edens Contracting and Electric,

License No: 097759

RESPONDENT.

No. 2017A-5949-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 21, 2018, 8:30 A.M.

APPEARANCES: No appearance on behalf of Complainant; Michael Edens, Respondent, appeared on his own behalf

ADMINISTRATIVE LAW JUDGE: Roger A. Geddes

_____________________________________________________________________

FINDINGS OF FACT

Background and Procedure

1. Complainant did not appear at the hearing; Michael Edens, Respondent, appeared on his own behalf.

2. The Notice of Hearing on this matter, dated January 11, 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 approximately 20 minutes, Complainant did not appear at any time during 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 nor did it request that the February 21, 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 against Respondent Michael Wayne Edens, dba as Edens Contracting and Electric, 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 five days from the date of that certification.

Done this day, March 13, 2018.

/s/ Roger Geddes

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors