ALJDEC decisions subject to certification as final
2019A-04214-NPC-ROC · Registrar of Contractors · 2019-12-05
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sal's Painting Inc.,
COMPLAINANT
v.
Green Street Communities Inc,
ROC License: ROC 282770,
RESPONDENT
No. 2019A-04214-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: November 15, 2019
APPEARANCES: Complainant failed to appear. Respondent failed to appear.
ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn
_____________________________________________________________________
FINDINGS OF FACT
1. Complainant failed to appear at the noticed hearing that had been scheduled in response to the appeal. Complainant did not request to appear telephonically.
2. Respondent failed to appear at the noticed hearing.
CONCLUSIONS OF LAW
1. The burden of proof at an administrative hearing is generally upon the petitioner. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 1949).
2. Based on both party’s failure to appear, one may conclude that the matter was resolved. While the Tribunal did not receive any such notification, in this case, the matter should be dismissed.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that this matter be dismissed.
In the event of certification of the Administrative Law Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be the date of that certification.
Done this day, December 5, 2019.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors-54864001
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