ALJDEC decisions subject to certification as final

2020A-02581-CHC-ROC · Registrar of Contractors · 2021-02-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Brendalee Ables,

COMPLAINANT

Arizona Elite Builders, LLC

License No. 312067,

RESPONDENT

No. 2020A-02581-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: November 24, 2020, with further hearing on February 3, 2021

APPEARANCES: On November 24, 2020, Complainant Brendalee Ables appeared on her own behalf. Chase Halsey, Esq. represented Respondent Arizona Elite Builders, LLC (“Respondent”). Jake Garrison, Respondent’s owner was present, as well as David Bertlesman, Respondent’s Project Manager, and Makayla Wieneke, Respondent’s Office Manager. Registrar of Contractors Investigator Beau Cruz was also present.

On February 3, 2021, Chase Halsey, Esq. represented Respondent. Mr. Garrison, Mr. Bertlesman, and Ms. Wieneke were present. Complainant Brendalee Ables failed to appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

The hearing of this matter was initially scheduled on November 4, 2020.

On October 20, 2020, The Office of Administrative Hearings received a Joint Request for Mediation from the parties.

On October 22, 2020, the Office of Administrative Hearings received a Joint Request for Continuance of the hearing in order for the parties to participate in Mediation.

The requested Mediation was scheduled for November 12, 2020.

On October 22, 2020, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Telephonic Informal Settlement Conference scheduling such on October 30, 2020.

On November 9, 2020, the Office of Administrative Hearings received Respondent’s Request to Vacate November 12, 2020 Mediation for the reason that “[t]he parties already participated in a settlement conference through the Registrar of Contractors on October 30, 2020 and Respondent does not believe an additional mediation is warranted.”

A hearing was re-set for November 24, 2020, at 1:00 p.m. On that date and time, Complainant Brendalee Ables (“Complainant”) appeared on her own behalf. Chase Halsey, Esq. represented Respondent Arizona Elite Builders, LLC (“Respondent”). Jake Garrison, Respondent’s owner was present, as well as David Bertlesman, Respondent’s Project Manager, and Makayla Wieneke, Respondent’s Office Manager. Investigator Beau Cruz was also present.

At the November 24, 2020 hearing, Investigator Cruz presented his testimony, the parties presented their respective opening statements, and Complainant began the presentation of her case. However, the 244 exhibits that had been submitted electronically to the Office of Administrative Hearings by Complainant were labeled by date and description rather than by number, and required additional time by the Administrative Law Judge to ascertain the specific exhibits to which Complainant referred during the presentation of her case. Complainant indicated that she suffers from a cognitive disability and was having difficulty presenting her case with the interruption of the Administrative Law Judge having to search through the voluminous exhibits each time Complainant referenced a specific exhibit. As such, early on in the presentation of Complainant’s case, it was discussed by the parties that the matter would be set for further hearing in order to allow Complainant the opportunity to resubmit her exhibits labeled numerically for ease of reference for the next scheduled hearing. Counsel for Respondent requested to present Respondent’s case out of order to make efficient use of the time scheduled for hearing. Complainant did not object. Respondent presented the entirety of its case through the testimony of Mr. Bertlesman and Mr. Garrison, and the admission of its Exhibit 2. At the conclusion of the presentation of Respondent’s case, the parties agreed to set the further hearing of this matter for a date in February 2021, in order to accommodate the parties’ respective schedules.

On November 30, 2020, an Order Setting Further Hearing Date was issued to the parties at their respective email addresses. That Order advised the parties that the further hearing would convene on February 3, 2021, at 9:00 a.m. and included a Google Meet link for the parties to join the hearing either by video or telephonically.

On February 3, 2021, at 9:00 a.m., Chase Halsey, Esq. represented Respondent. Mr. Garrison, Mr. Bertlesman, and Ms. Wieneke were present. The Administrative Law Judge gave Complainant a thirty (30) minute grace period in which to appear. Complainant failed to appear, did not request a continuance, and failed to provide any cause for such non-appearance. Mr. Halsey made a motion to dismiss.

CONCLUSIONS OF LAW

By failing to appear at the further hearing, Complainant did not meet her burden to establish Respondent’s alleged violations of this State’s contracting laws by a preponderance of the evidence. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s 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, February 10, 2021.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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-137160-45720000