ALJDEC decisions subject to certification as final
2020A-01179-NPC-ROC · Registrar of Contractors · 2021-07-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
SchaMac Custom Homes Inc,
COMPLAINANT
v.
Pool Buddy Inc
DBA: National Pools and Spas,
License No. ROC 201717,
RESPONDENT
No. 2020A-01179-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: July 28, 2021
APPEARANCES: No one appeared for Complainant; William E. Moore, Esq. for Respondent
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On June 21, 2021, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. July 28, 2021 at the Office of Administrative Hearings in Phoenix, Arizona.
Complainant did not file a disclosure statement as required by Ariz. Admin. Code section R4-9-118.
No representative for Complainant had appeared by 1:15 p.m., and consequently, the matter was not convened and no evidence was taken.
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 that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119; see also Ariz. Rev. Stat. § 41-1092.07(G)(2).
Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation is unsupported by evidence.
Because the Citation is unsupported by any evidence, this matter should be dismissed.
ORDER
IT IS ORDERED that Case No. 2020-01179 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 is forty days after the date of that certification.
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-137160-45720000Done this day, July 29, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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