Vacate

2019A-05614-NPC-ROC-RHG · Registrar of Contractors · 2020-10-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Kirkwood Builders Inc.,

COMPLAINANT,

v.

Diamond T Consulting Inc

License No. 214315,

RESPONDENT.

No. 2019A-05614-NPC-ROC-RHG

ORDER VACATING

HEARING

On July 22, 2020, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing (“Notice”) setting the above-captioned matter for hearing on august 21, 2020, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.

On August 24, 2020, the matter was continued and reset for hearing at 1:30 p.m. on October 15, 2020. In an Order August 24, 2020, the parties were informed that the above-captioned matter would be held via video or teleconference. The Order provided the parties with a web link, telephone number, and pin so that they could participate in the hearing.

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

After the expiration of a twenty-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.

APPLICABLE 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 and remanded to the referring agency for further action, if any.

Done this day, October 15, 2020.

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed October 15, 2020 to:

Jeffrey Fleetham, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Diamond T Consulting Inc., Respondent

604 W. Frontier St.

Payson, AZ 85541

[email redacted]

Kirkwood Builders Inc., Complainant

PO Box 3256

Sedona, AZ 86340

[email redacted]

By