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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