Vacate

2019A-00625-CHC-ROC · Registrar of Contractors · 2019-11-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: November 04, 2019 at 8:30 AM. APPEARANCES: No appearance(s) by or on behalf of Neidhardt Enterprises Inc. (“Complainant”). Robert Borgerson appeared on behalf of the Borgerson‘s Arizona Floors LLC (“Respondent”) with Gene Winstein, Leisa Williams, and Randy Morris as witnesses. ADMINISTRATIVE LAW JUDGE: Jenna Clark.

FINDINGS OF FACT 1. On October 02, 2019, the Arizona Registrar of Contractors (“ROC”) issued a Notice of Hearing setting the above-captioned matter for hearing on Monday, November 04, 2019, at 8:30 a.m., at the Office of Administrative Hearings in Phoenix, Arizona. 2. Complainant did not appear at the time scheduled for hearing. 3. Complainant did not request a continuance of the above-captioned matter, nor did Complainant submit a written request to appear telephonically. 4. After the expiration of a fifteen minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken. 5. There is no Settlement Order on file for this case in the Office of Administrative Hearings. CONCLUSIONS OF LAW 1. 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.[1] 2. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. ORDER Based on the foregoing, IT IS ORDERED that Complainant’s appeal is dismissed. IT IS FURTHER ORDERED that this matter is hereby vacated from the calendar of the Office of Administrative Hearings and the matter is remanded to the ROC for further action, if any. 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 shall be the date of the certification.

Done this day, November 04, 2019.

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed November 04, 2019 to:

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

Borgerson's Arizona Floors LLC, Respondent 1801 E. Indian School Rd. Phoenix, AZ 85016 [email redacted] Neidhart Enterprises Inc., Complainant 1095 E. Indian School Rd., Ste. 420 Phoenix, AZ 85014 [email redacted]

By c. serrano ----------------------- [1] 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