ALJDEC decisions subject to certification as final

2018A-04768-ROC · Registrar of Contractors · 2019-05-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1, 2019 APPEARANCES: No one appeared for either party ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT 1. On March 7, 2019, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. May 1, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for either party appeared by 1:15 p.m. and, consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. “At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2). 2. Because no one appeared and prosecuted the appeal, the appeal is unsupported by evidence and the burden of persuasion has not been met. 3. Consequently, this matter should be dismissed. ORDER IT IS ORDERED that this matter is 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 forty days after the date of that certification.

Done this day, May 3, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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