ALJDEC decisions subject to certification as final

2020A-05669-NPC-ROC · Registrar of Contractors · 2021-07-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cemex Construction Materials South, LLC,

COMPLAINANT

v.

Avante Construction, LLC

License No. ROC 317877,

RESPONDENT

No. 2020A-05669-NPC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: July 9, 2021

APPEARANCES: Neither Complainant nor Respondent appeared for the hearing.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Complainant and Respondent failed to appear at the hearing. The tribunal waited twenty minutes beyond the scheduled start time, but no one appeared on behalf of either Complainant or Respondent.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant failed to meet its burden to establish by a preponderance of the evidence Respondent’s alleged statutory violations. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the 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.

-54864001

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

001

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

-137160-45720000Done this day, July 12, 2021.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

-54864001

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

001

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

-137160-45720000