ALJDEC decisions subject to certification as final

2019A-03888-CHC-ROC · Registrar of Contractors · 2020-06-26

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Holly Traver and Tim McGuffie,

COMPLAINANT

v.

Patterson Homes LLC,

License No. ROC 315545,

RESPONDENT

No. 2019A-03888-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 24, 2020 at 9:00 a.m.

APPEARANCES: Steve Nelson, Inspector from Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.

This hearing was continued by Order dated 5/13/2020 to 9:00 a.m. on June 24, 2020. The Office of Administrative Hearings mailed copies of the Minute Entry Granting Continuance to the parties at their email addresses of record.

A further notice was electronically mailed to the parties on or about May 22, 2020, converting the hearing to a “Google Meet”.

Both Complainant and Respondent failed to appear at the hearing. The tribunal waited 15 minutes beyond the scheduled start time, but both parties failed to appear via Google Meet, by telephone or in person, nor did they provide any excuse for their absence.

CONCLUSIONS OF LAW

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.

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, June 24, 2020.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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