ALJDEC decisions subject to certification as final
2020A-04348-CHC-ROC · Registrar of Contractors · 2021-07-20
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Robert William Welsh III,
COMPLAINANT
v.
D R H Construction, Inc.
License No. ROC 113105,
RESPONDENT
No. 2020A-04348-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: July 19, 2021
APPEARANCES: Complainant Robert William Welsh III did not appear. Tom Shorall, Esq. and Jason Boblick, Esq. represented Respondent D R H Construction, Inc. Lance Johnson, Esq. was also present on behalf of Respondent D R H Construction, Inc. Robert Castro appeared as a witness for Respondent D R H Construction, Inc. Arizona Registrar of Contractors Investigator John Smith was present.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
Robert William Welsh III (“Complainant”) did not appear at the hearing. The tribunal waited ten (10) minutes beyond the scheduled start time, but no one appeared on behalf of Complainant.
Mr. Shorall motioned to dismiss this matter and cited to D R H Construction, Inc.’s (“Respondent”) July 15, 2021 Motion to Dismiss which sets forth the following as a basis for dismissal:
. . . because all of the construction issues set forth in the Written Directive have been resolved to the satisfaction of the Registrar, and because Complainant has failed to serve a pre-hearing disclosure statement as required the rules and by this Court.
CONCLUSION OF LAW
By failing to appear at the hearing, Complainant did not meet his burden to establish by a preponderance of the evidence Respondent’s alleged violations of this State’s contracting laws as charged by the Arizona Registrar of Contractors. See A.A.C. R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Arizona 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, July 20, 2021.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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