ALJDEC decisions subject to certification as final

2019A-05788-CHC-ROC · Registrar of Contractors · 2022-03-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Daniela Mendoza Virani,

COMPLAINANT

Pulte Development Corporation

License No. ROC 079383,

RESPONDENT

No. 2019A-05788-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: March 17, 2022

APPEARANCES: Complainant Daniela Mendoza Virani did not appear. Todd Baxter, Esq. represented Respondent Pulte Development Corporation. Lauren Mandola, Director of Customer Care, appeared as a witness for Respondent Pulte Development Corporation. Arizona Registrar of Contractors Assistant Chief of Investigations, Randy Cason, was present as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Daniela Mendoza Virani (“Complainant”) failed to appear at the hearing. The tribunal waited ten minutes beyond the scheduled start time, however, no one appeared on behalf of Complainant. Pulte Development Corporation’s (“Respondent”) counsel, Todd Baxter, made a motion to dismiss.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence, the allegations contained in the Complaint and Respondent’s alleged violation(s) of this State’s contracting laws as alleged in the Citation issued in this matter. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s Complaint be 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 (40) days from the date of that certification.

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-137160-45720000Done this day, March 18, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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