PDF copy: Vacate

2020A-02222-CHC-ROC · Registrar of Contractors · 2020-09-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cindy K Arnold No. 2020A-02222-CHC-ROC COMPLAINANT, ORDER VACATING v. HEARING

Barry Hoff Contracting LLC License No. 143486, 146692 RESPONDENT.

1. On July 31, 2020, the Arizona Registrar of Contractors (“Registrar”) issued

a NOTICE OF HEARING ON CONTESTED CASE (“NOTICE”) setting the above-captioned matter

for hearing on September 02, 2020, at 1:00 p.m., at the Office of Administrative Hearings

(“OAH”) in Phoenix, Arizona. 2. On August 11, 2020, OAH issued an ORDER informing the parties that the above-captioned matter would be held telephonically. The ORDER required the parties to dial-in to the provided conference number to participate in the hearing. The correspondence was not returned as undeliverable to OAH. Although neither party complied, Registrar investigator Chris Allison appeared. 3. Complainant did not call OAH to request to participate in an alternative manner or appear at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Complainant. 4. After the expiration of a fifteen-minute grace period, the undersigned Administrative Law Judge found Complainant to be in default. No evidence was taken. 5. There is no SETTLEMENT ORDER on file for this case at OAH. 6. 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.1 7. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. THEREFORE,

See ARIZ. ADMIN. CODE R2-19-119. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 IT IS ORDERED that Complainant’s appeal is dismissed.2 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. 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 shall be the date of the certification.

Done this day, September 02, 2020.

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed September 02, 2020 to: Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007 [email redacted] [email redacted] Barry Hoff Contracting LLC, Respondent 9699 W. Coyote Dr. Strawberry, AZ 85544 [email redacted] Cindy K Arnold, Complainant 5023 N. Rim Wood Rd. Strawberry, AZ 85544 [email redacted]

By c. serrano

Complainant may petition the Registrar for reopening of this matter. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826