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2018A-4179-ROC · Registrar of Contractors · 2018-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On October 24, 2018, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on Wednesday, December 12, 2018, at 1:30 p.m., at the Office of Administrative Hearings in Phoenix, Arizona. The Notice of Hearing was mailed to Complainant’s address of record.[1] Complainant failed to appear at the time scheduled for hearing and did not submit a 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. There is no Settlement Order or Request to Close Case on file for this case at the Office of Administrative Hearings. 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.[2] By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. Based on the foregoing, IT IS ORDERED that this appeal is dismissed. Done this day, December 12, 2018.

/s/ Jenna Clark Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile December 12, 2018 to:

Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Steel Placers LLC, Complainant dba Scholz Rebar 4024 E Superior Ave Phoenix, AZ 85040 [email redacted]

Alexon Design and Landscaping Inc., Respondent dba Alexon Design Group 170 S William Dillard Dr Bldg 6 Suite 115 Gilbert, AZ 85233 [email redacted]

By c. serrano ----------------------- [1] The Notice was not returned by the United States Postal Service as “undeliverable.” [2] See Ariz. Admin. Code R2-19-119.

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