Vacate

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Chris A. Mellon,

COMPLAINANT,

v.

Alfredo’s Drywall LLC,

License No. 284389,

RESPONDENT.

No. 2019A-05203-CHC-ROC

ORDER VACATING

HEARING

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

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.

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.

Complainant did not call in at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Complainant.

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 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

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Alfredo's Drywall LLC, Respondent

321 S. 172nd Dr.

Goodyear, AZ 85338

[email redacted]

Chris A Mellon, Complainant

23214 N. 95th Pl.

Scottsdale, AZ 85255

[email redacted]

By c. serrano