ALJDEC decisions subject to certification as final

2018A-2167-CHC-ROC · Registrar of Contractors · 2018-09-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Jeff L Johnston,

COMPLAINANT,

v.

Floors Unlimited Inc.,

License No: 086526

RESPONDENT.

No. 2018A-2167-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 6, 2018 at 8:30 a.m.

APPEARANCES: John Marsh, Respondent and Qualifying Party; Dennis Bierma, ROC Investigator.

ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

_____________________________________________________________________

FINDINGS OF FACT

Hearing on Complainant’s case was timely and properly noticed to the parties on August 7, 2018 setting this matter for September 6, 2018 at 8:30 a.m.

Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. No request for continuance of the hearing has been filed nor has any request for Complainant to appear telephonically been filed or ordered.

On September 5, 2018, Respondent and Qualifying Party John Marsh filed, in this case, its Notice of Compliance with the Registrar’s Directive which, in pertinent parts, states that compliance with the Corrective Work Order contained in the Registrar’s Directive in this matter has been completed. The Complainant has not responded to the Notice of Compliance to indicate whether it disputed or agreed with the Respondent’s Notice of Compliance.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet its 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, September 6, 2018.

/s/Randolph D. Wolfson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors