ALJDEC decisions subject to certification as final
2019A-05461-NPC-ROC · Registrar of Contractors · 2020-05-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
J K M Holding Corp,
COMPLAINANT
v.
Secon LLC
License No. ROC 260035,
RESPONDENT
No. 2019A-05461-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: May 12, 2020
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On April 10, 2020, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 9:00 a.m. on May 12, 2020 at the Office of Administrative Hearings in Phoenix, Arizona.
On April 27, 2020, the undersigned issued an Order informing the parties that the hearing would be conducted by telephone due to the social distancing requirements related to COVID-19. That Order instructed the parties to provide the Office of Administrative Hearings with telephone numbers at which they could be reached for the hearing, and it informed the parties that they could request a continuance if they could not appear by telephone.
Neither party provided the Office of Administrative Hearings with a telephone number at which they could be reached for the hearing, nor did either party request a continuance.
No representative for either party appeared by 9:15 a.m. on May 12, 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 this matter 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, May 21, 2020.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000