ALJDEC decisions subject to certification as final

2019A-00272-ROC · Registrar of Contractors · 2019-05-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 2, 2019 APPEARANCES: Daniel T. Rowan, Respondent Qualifying Party, Charels Alsto, Respondent witness. ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

FINDINGS OF FACT The Registrar referred this matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing on Complainant’s Complaint..

The Registrar issued a Notice of Hearing, setting a hearing at 8:30 a.m. on May 2, 2019.. The Registrar mailed copies of the Notice of Hearing to the parties addresses of record with the Registrar. The Notice of Hearing informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.”

A hearing was held on May 2, 2019.

The Complainant did not request to appear telephonically and did not request that the hearing be continued. Although the start of the hearing was delayed 20 minutes, the Complainant did not appear through an authorized member, employee, or attorney. Consequently, the Complainant did not present any evidence.

CONCLUSIONS OF LAW The copies of the Notice of Hearing that the Registrar mailed to both parties at their addresses of record were reasonable and the Complainant is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41- 1092.05(D). 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. 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. FURTHER IT IS RECOMMENDED this case be remanded to the Registrar with recommendation that this case be closed. 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 2, 2019.

/s/ Randolph D. Wolfson Administrative Law Judge

Transmitted electronically to:

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