ROC Vacate

2018A-1961-NPC-ROC · Registrar of Contractors · 2018-07-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: July 20, 2018 at 1:00 PM. APPEARANCES: No appearance(s) on behalf of D D M Construction LLC (“Complainant”). No appearance(s) on behalf of Building by Don Fredericks Inc. (“Respondent”). No appearance(s) on behalf of the Registrar of Contractors (“the ROC”). ADMINISTRATIVE LAW JUDGE: Jenna Clark. _____________________________________________________________________ FINDINGS OF FACT 1. On June 01, 2018, the ROC issued a Notice of Hearing setting the above- captioned matter for hearing on Friday, July 20, 2018, at 1:00p.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. The Notice of Hearing was mailed to Complainant’s address of record. 2. Complainant failed to appear at the time scheduled for hearing and did not request to appear telephonically. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken. 3. There is no Settlement Order on file for this case in at OAH. However, on July 19, 2018, Respondent submitted payoff information to the ROC, which was forwarded to OAH. Complainant was contacted via email by OAH administrative staff at 7:00 AM on July 20, 2018, to inquire as to how Complainant wanted to proceed with the scheduled hearing, if at all, but no correspondence was received prior to 1:00 PM. CONCLUSIONS OF LAW 1. 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 this matter is by preponderance of the evidence. See Ariz. Admin. Code R2-19-119. 2. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. ORDER Based on the foregoing facts and conclusions of law, IT IS ORDERED that this appeal 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 shall be the date of the certification. Done this day, July 20, 2018.

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed July 20, 2018 to:

Jeffrey Fleetham, Director Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ 85007-2812

Building By Don Fredricks, Inc. PO Box 4203 Cave Creek, AZ 85327-4203 D D M Construction LLC 20165 N 67th Ave # 122A-185 Glendale, AZ 85308-7002

Kevin Holliday 7000 N 16th St # 120-484 Phoenix, AZ 85020-5512

By C. Serrano -----------------------

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