ALJDEC decisions subject to certification as final

2018A-893-NPC-ROC · Registrar of Contractors · 2018-05-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Monterrey Tile AZ LLC,

COMPLAINANT,

v.

America Stone Inc ,

License No: 219228

RESPONDENT.

No. 2018A-893-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

On April 2, 2018, a Notice of Hearing [hereinafter, “NOH”} was mailed to the Complainant and to the Respondent at the mail address of record with the Arizona Registrar of Contractors. On May 21, 2018 at 1:00 PM, the time and date the NOH stated, a hearing was convened to determine the merits of the Complaint.

FINDINGS OF FACT

Neither the Complainant nor the Respondent appeared 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 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, May 21, 2018.

/s/ Randolph D. Wolfson

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile May 29, 2018 to:

Monterrey Tile AZ LLC

401 E Ray Rd

Chandler, AZ 85225-3356

Complainant

America Stone Inc.

7121 N 53rd Ave

Glendale, AZ 85301-2613

Respondent

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

By _______

Done this day, May 29, 2018

/s/ Randy Wolfson

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors