ALJDEC decisions subject to certification as final

2019A-00513-CHC-ROC · Registrar of Contractors · 2019-06-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: June 21, 2019, at 8:30 a.m. APPEARANCES: Marie E. Grekowicz (“Complainant”) failed to appear; Home Depot U S A, Inc. appeared through Ron Hatch, its Services License Manager. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

FINDINGS OF FACT 1. The Arizona Registrar of Contractors (“the Registrar”) issued License Nos. ROC 092581 and ROC 252435 to Respondent. 2. Complainant filed a complaint with the Registrar against Respondent. Complainant provided her mailing address on the complaint form. The Registrar subsequently performed an investigation. 3. The Registrar referred the matter to the Office of Administrative Hearings (“the OAH”), an independent State agency, for an evidentiary hearing. 4. The Registrar issued a Notice of Hearing, setting a hearing on June 21, 2019, at 8:30 a.m. at the OAH. The Notice of Hearing was sent to Complainant at the address she provided on her complaint and advised her that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.” 5. Although the start of the hearing was delayed thirty minutes, Complainant did not request to appear telephonically, did not appear personally or through an attorney, and did not contact the OAH to request a continuance or that the start of the hearing be further delayed. Consequently, Complainant did not present any evidence to prosecute her complaint to the Registrar against Respondent. CONCLUSIONS OF LAW 1. The Notice of Hearing that the Registrar mailed to Complainant at the address that she provided was reasonable and she is deemed to have received notice of the hearing.[1] 2. Complainant bears the burden of proof to establish that Respondent violated the charged provisions of A.R.S. § 32-1154(A) by a preponderance of the evidence.[2] 3. Complainant by failing to appear or to present any evidence at the duly noticed hearing failed to meet her burden to establish that Respondent violated the charged statutes. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the final order, the Registrar dismiss Complainant’s complaint in Case 2019-00513 against Respondent Home Depot U S A, Inc.’s License Nos. ROC 092581 and ROC 252435. 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 five (5) days from the date of that certification. Done this day, June 21, 2019.

/s/ Diane Mihalsky Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors ----------------------- [1] See A.R.S. §§ 41-1092.04 and 41-1092.05(D). [2] See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837, 838 (1952).

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