ALJDEC decisions subject to certification as final
2019A-04461-NPC-ROC · Registrar of Contractors · 2020-06-24
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Coyote Concrete Inc.,
COMPLAINANT
v.
Mirage Custom Homes LLC,
DBA: Hoctor and Sons Construction,
ROC License: ROC 226450,
RESPONDENT.
No. 2019A-04461-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: June 24, 2020 at 1:30 PM.
APPEARANCES: No appearance(s) by or on behalf of Coyote Concrete, Inc. (“Complainant”). No appearance(s) by or on behalf of Mirage Custom Homes LLC (“Respondent”).
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
FINDINGS OF FACT
On November 05, 2019, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing setting the above-captioned matter for hearing on June 24, 2020, at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.
On June 01, 2020, OAH issued an Order that informed the parties their hearing would be conducted via videoconferencing, and that if the parties preferred they could participate telephonically. The Order provided a web address, telephone number, and pin
On June 24, 2020, Complainant did not call in or appear at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Appellant.
After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken.
There is no Settlement Order on file for this case at OAH.
CONCLUSIONS OF LAW
The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by preponderance of the evidence.
By failing to attend the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied.
ORDER
Based on the foregoing,
IT IS ORDERED that Complainant‘s appeal is dismissed.
IT IS FURTHER ORDERED that this matter is hereby vacated from OAH’s calendar and remanded to the Registrar for further action, if any.
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 shall be the date of the certification.
-54864001
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-137160-45720000Done this day, June 24, 2020.
/s/ Jenna Clark
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000