ALJDEC decisions subject to certification as final
2021A-00450-CHC-ROC · Registrar of Contractors · 2021-07-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
L J R Metals LLC,
COMPLAINANT
v.
Dylan Electric LLC
DBA: Diverse Energy,
License No. ROC 325310,
RESPONDENT
No. 2021A-00450-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: July 23, 2021
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On May 18, 2021, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on June 21, 2021 at the Office of Administrative Hearings in Phoenix, Arizona.
Complainant filed a request to continue the matter. Through an Order dated May 27, 2021 the request was granted and the matter was rescheduled to convene at 9:00 a.m. July 23, 2021.
No representative for either party had appeared by 9:15 a.m. on July 23, 2021, and consequently, the matter was not convened and no evidence was taken.
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 that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119; see also Ariz. Rev. Stat. § 41-1092.07(G)(2).
Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation and Complaint are unsupported by evidence.
Because the Citation and Complaint are unsupported by any evidence, this matter should be dismissed.
RECOMMENDED ORDER
IT IS ORDERED that Case No. 2021-00450 is 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 is forty days after the date of that certification.
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-137160-45720000Done this day, July 27, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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