PDF copy: Vacate

2019A-05203-CHC-ROC · Registrar of Contractors · 2020-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Chris A. Mellon, No. 2019A-05203-CHC-ROC COMPLAINANT, ORDER VACATING v. HEARING

Alfredo’s Drywall LLC, License No. 284389, RESPONDENT.

HEARING: April 20, 2020 at 1:00 PM.

APPEARANCES: No appearance(s) by or on behalf of Chris Mellon (“Complainant”).

No appearance(s) by or on behalf of Alfredo’s Drywall LLC (“Respondent”). David Fagerburg

appeared telephonically as a witness from the Arizona Registrar of Contractors (“Registrar”). ADMINISTRATIVE LAW JUDGE: Jenna Clark.

FINDINGS OF FACT

1. On March 20, 2020, the Registrar issued a NOTICE OF HEARING setting the

above-captioned matter for hearing on April 20, 2020, at 1:00 p.m., at the Office of

Administrative Hearings (“OAH”) in Phoenix, Arizona.1

2. On March 31, 2020, OAH issued an ORDER SETTING TELEPHONIC HEARING

that instructed parties to immediately provide their contact telephone numbers where they

could be reached for the hearing. Neither party complied.2 3. Complainant did not call in at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Complainant. 4. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken. 5. There is no SETTLEMENT ORDER on file for this case at OAH. CONCLUSIONS OF LAW

1 Correspondence was not returned by the United States Postal Service as undeliverable to either party. Id. Email correspondence was also not returned as undeliverable. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 1. 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.3 2. By failing to appear at 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 pursuant to ARIZ. ADMIN. CODE R2-19-111(4) 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. Done this day, April 20, 2020.

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed April 20, 2020 to: Jeffrey Fleetham, Director Chris A Mellon, Complainant Registrar of Contractors 23214 N. 95th Pl. c/o Legal Department Scottsdale, AZ 85255 1700 W. Washington Street, Suite 105 [email redacted] Phoenix, AZ 85007 [email redacted] By c. serrano

Alfredo's Drywall LLC, Respondent 321 S. 172nd Dr. Goodyear, AZ 85338 [email redacted]

See ARIZ. ADMIN. CODE R2-19-119. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826