ALJDEC decisions subject to certification as final

2019A-05461-NPC-RHG-RES-2 · Registrar of Contractors · 2020-12-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

J K M Holding Corp.,

COMPLAINANT

Secon LLC,

License No. ROC 260035,

RESPONDENT

No. 2019A-05461-NPC-RHG-RES-2

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: December 17, 2020

APPEARANCES: No one appeared for either party

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

On November 17, 2020, the Registrar of Contractors issued an Amended Notice of Rehearing on Contested Case setting the above-captioned matter for hearing at 9:00 a.m. on December 18, 2020 at the Office of Administrative Hearings in Phoenix, Arizona.

No representative for either party appeared by 9:20 a.m. on December 17, 2020 and, consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2).

Because no one appeared and prosecuted the appeal, the appeal is unsupported by evidence and the burden of persuasion has not been met.

Consequently, this matter should be dismissed.

ORDER

IT IS ORDERED that case number 2019-05461 is dismissed.

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 will be forty days after the date of that certification.

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-137160-45720000Done this day, December 18, 2020.

/s/ Thomas Shedden

Thomas Shedden

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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