ALJDEC decisions subject to certification as final

2018A-2411-CHC-ROC · Registrar of Contractors · 2018-11-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 13, 2018 at 1:00 p.m. APPEARANCES: Steve Lawton, Sr. Investigator, ROC. ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson _____________________________________________________________________

FINDINGS OF FACT Notice of hearing setting this matter for November 13, 2018, which notice was mailed to the addresses of record for the Complainant and the Respondent reflected in the records of the Registrar. At 1:00 p.m. on the date of the hearing, the Registrar’s Sr. Investigator Steve Lawton, appeared for testimony. Both Complainant and Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. CONCLUSIONS OF LAW. By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the Complaint. See A.A.C. R2-19- 119. Review of the Registrar’s Public Online website indicates the Respondent’s license 283819 is in a revoked status.

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. Transmitted electronically to:

Elizabeth M. McCaffrey Anthony Gold 9148 N 66th Pl P. O. Box 6374 Scottsdale AZ 85253-1902 [email redacted] Complainant

Timothy D Ducar PLC 8360 E Raintree Dr Scottsdale, AZ 85260-2686 [email redacted] Respondent's Counsel

Stephen Lawton #175 [email redacted]

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