Vacate

2019A-01122-RFA-ROC-RES · Registrar of Contractors · 2020-03-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Gregory Paul Williams,

COMPLAINANT,

v.

NE2AZ LLC,

License No. ROC 310115,

RESPONDENT.

No. 2019A-01122-RFA-ROC-RES

ORDER VACATING

HEARING ON THE MERITS

A further hearing on the merits had been scheduled on this date at NE2AZ LLC’s (“Respondent’s”) request. On February 7, 2020, the Administrative Law Judge issued an order allowing Respondent to appear telephonically by providing a number to the Office of Administrative Hearings and requiring the parties to filed their exhibits on or before March 2, 2020. Respondent neither provided a telephone number nor filed any exhibits. Gregory Paul Williams (“Complainant”) and the Arizona Registrar of Contractors (“the Registrar’s”) attorney and witness appeared for the hearing.

Respondent bears the burden to establish by a preponderance of the evidence that the Registrar’s calculation of the payout that Complainant is entitled to receive from the Residential Contractors’ Recovery Fund (“the Fund”). Respondent failed to present any evidence to carry its burden. Therefore,

IT IS ORDERED granting the Registrar’s motion to vacate the hearing on the merits and remanding this matter to the Registrar with the recommendation that a payout in the amount previously calculated, $30,000.00, be made to Complainant.

Done this day, March 9, 2020.

/s/ Diane Mihalsky

Administrative Law Judge

Copy mailed/e-mailed/faxed March 9, 2020 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

Joseph Clark

NE2AZ LLC

4139 E. Breckenridge Way

Gilbert, AZ 85234

[email redacted]

Seth Hargraves, Esq.

Assistant Attorney General

Licensing & Enforcement Section

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

Gregory Paul Williams

945 N. Delmar

Mesa, AZ 85203

[email redacted]

By c. serrano