ALJDEC decisions subject to certification as final

2019A-01682-LDA-ROC · Registrar of Contractors · 2019-09-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 28, 2019 APPEARANCES: No one appeared for the Applicant; Thomas Raine, Esq. for the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Thomas Shedden FINDINGS OF FACT 1. On April 11, 2019, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on May 28, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. The issue for hearing is the Applicants’ appeal of ROC’s denial of their application for licensure. 3. The matter was continued and was rescheduled to be convened at 1:00 p.m. August 28, 2019. 4. No representative for the Applicants had appeared by 1:17 p.m. on August 28, 2019, and consequently the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. The Applicants have the burden of persuasion. Ariz. Rev. Stat. § 41-1092.07(G)(1). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119. 3. The Applicants failed to appear and did not meet their burden to show that their application should be approved. 4. Consequently, this matter should be dismissed.

ORDER IT IS ORDERED that the Applicants’ appeal is dismissed and the Registrar of Contractor’s denial of their application is affirmed. 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 is forty days after the date of that certification.

Done this day, September 4, 2019.

/s/ Thomas Shedden Thomas Shedden 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