ALJDEC decisions subject to certification as final
2020A-02939-RFA-LS-ROC-RS · Registrar of Contractors · 2022-03-14
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Kenneth Matthew Augusto,
COMPLAINANT
v.
Cityluxe Companies LLC
DBA: AZ’s Best Roofing,
License No. ROC 286561,
RESPONDENT
No. 2020A-02939-RFA-LS-ROC-RS
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 25, 2022
APPEARANCES: Complainant Kenneth Matthew Augusto appeared via Google Meet. The Registrar of Contractors was represented by Sarah A. Asta, Esq. who appeared via Google Meet.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
A Notice of Claim for Administrative Award was sent to the parties on or about December 2, 2021. Respondent requested a hearing on December 8 and 9, 2021.
The above-captioned matter was set to convene for hearing at 9:00 a.m. on February 25, 2022, with the Office of Administrative Hearings in Phoenix, Arizona, pursuant to the Notice of Hearing on Appealable Agency Action (“Notice”) dated January 20, 2022. The Notice was mailed to Respondent at its address of record.
On January 31, 2022, the Tribunal issued an Order setting the matter for a Google Meet and mailed the same to the parties’ addresses of record.
No representative for Respondent appeared by 8:20 a.m. and consequently, the matter was not convened and no evidence was taken.
CONCLUSIONS OF LAW
Pursuant to A.R.S. § 32-1133.01(C), “The contractor's failure to respond in writing within ten days after the date of service may be deemed a waiver by the contractor of the right to contest the amount claimed or to be awarded.”
Because Respondent failed to appear and present evidence as to why the Administrative Award should not be issued, it was waived. Consequently the Notice of Claim for Administrative Award shall be upheld.
ORDER
IT IS ORDERED that the Notice of Claim for Administrative Award shall be upheld, due to Respondent’s failure to appear.
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 the date of that certification
-54864001
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-137160-45720000Done this day, March 14, 2022.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000