Vacate
2020A-05493-NPC-ROC · Registrar of Contractors · 2021-03-09
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
James Alexander Dowling Jr.,
COMPLAINANT,
v.
Desert Living General Contracting LLC
License No. ROC 178030,
RESPONDENT.
No. 2020A-05493-NPC-ROC
ORDER VACATING
HEARING
HEARING: March 09, 2021 at 9:00 AM.
APPEARANCES: No appearance(s) by or on behalf of James Alexander Dowling Jr (“Complainant”). No appearance(s) by or on behalf of Desert Living General Contracting LLC (“Respondent”).
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
FINDINGS OF FACT
On February 05, 2021, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing (“Notice”) setting the above-captioned matter for hearing on March 09, 2021, at 9:00 a.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona.
On February 23, 2021, OAH issued an Order which notified the parties that the hearing would take pace remotely. Videoconference and teleconference information were provided.
The correspondence was mailed to Complainant’s address of record and was not returned by the United States Postal Service as undeliverable or unable to forward.
On February 26, 2021, Complainant submitted the following Motion to Vacate to the Registrar, which was forwarded to OAH on or about March 08, 2021:
This email is to request to close case 2020-05493. Complainant, James Alexander Dowling Jr. 6128 w. Marconi Ave. Glendale, AZ85306 v. Respondent, Desert Living General Contracting LLC. Quenton Weber 4925 E. Desert Cove Ave. Unit 105 Scottsdale, AZ 85254. Mr. Weber with Desert Living General Contracting LLC has paid the amount that was owed in full. Thank you, James Dowling [sic]
The matter was not dismissed by OAH or removed from its calendar.
On March 08, 2021, OAH was notified that the Registrar incorrectly forwarded Complainant’s Motion to Vacate and that Complainant was confirming the hearing set for March 09, 2021.
On March 09, 2021, Complainant did not appear for the scheduled hearing. No request to continue or appear via alternative means was received by OAH from Complainant. At the end of an approximate 15-minute grace period, the undersigned found Complainant to be in default.
There is no formal Settlement Order on file for this case at OAH.
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 by preponderance of the evidence.
By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied.
ORDER
Based on the foregoing,
IT IS ORDERED that Complainant’s appeal is dismissed.
IT IS FURTHER ORDERED that this matter is hereby vacated from OAH’s calendar pursuant to Ariz. Admin. Code R2-17-117 and R2-19-111(4) and remanded to the referring agency for further action, if any.
Done this day, March 09, 2021.
/s/ Jenna Clark
Administrative Law Judge
Copy mailed/e-mailed/faxed March 09, 2021 to:
Jeffrey Fleetham, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Desert Living General Contracting LLC, Respondent
4925 E Desert Cove Ave Unit 105
Scottsdale, AZ 85254
[email redacted]
James Alexander Dowling Jr., Complainant
6128 W Marconi Ave
Glendale, AZ 85306
[email redacted]
By c. serrano