ALJDEC decisions subject to certification as final

2018A-04446-ROC · Registrar of Contractors · 2019-02-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 4, 2019, at 1:00 PM APPEARANCES: Brett Fairbanks (“Mr. Fairbanks,” representative for KJ’s Cooling & Hearing LLC, “Respondent”); Steve Klein (“Investigator Klein,” for the Registrar of Contractors, “ROC” or “Registrar”); and Phil Jaegge (“Mr. Jaegge,” observer for the ROC). NON-APPEARANCE: Bel Aire Construction LLC (“Complainant”). ADMINISTRATIVE LAW JUDGE: Linda Marie Brown FINDINGS OF FACT 1. The Registrar mailed a Notice of Hearing to both parties on December 26, 2018, addressed as follows: KJ’s Cooling & Heating LLC, PO Box 5236, Peoria, AZ 85385 (Respondent); and Bel Aire Construction LLC, 10632 N Scottsdale Rd Ste B, Scottsdale, AZ 85254, in accordance with A.R.S. § 41-1092. 2. Respondent stated he believes the matter has been resolved. Investigator Klein stated that he attempted to call Complainant on January 31, 2019, and left a voice mail. Complainant did not return his call. 3. 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 1. By failing to appear at the noticed scheduled hearing, Complainant did not meet the burden to present evidence in support of the Complaint. See A.A.C. R2-19-119. 2. This complaint should be dismissed due to Complainant’s failure to appear. 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 that the Administrative Law Judge Decision is certified by the Director of the Office of Administrative Hearings, the effective date of the Order is the date of certification. Done this day, February 6, 2019.

/s/ Linda Marie Brown Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826