ALJDEC decisions subject to certification as final
2021A-00706-LDA-LS-ROC · Registrar of Contractors · 2021-07-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Arizona Registrar of Contractors,
COMPLAINANT
v.
Fritz & Sons, LLC,
Tayler S. Fritz,
Application No. [number redacted],
RESPONDENT
No. 2021A-00706-LDA-LS-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: July 22, 2021
APPEARANCES: Assistant Attorney General John Tellier represented the Arizona Registrar of Contractors. Robert Stirling, Assistant Chief Counsel for the Arizona Registrar of Contractors, appeared as a witness. Fritz & Sons, LLC and Tayler S. Fritz failed to appear.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
On March 10, 2021, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing setting the above-captioned matter for hearing on April 13, 2021, at 9:00 a.m., before the Office of Administrative Hearings.
The issue for hearing as set forth in the Notice of Hearing is Fritz & Sons, LLC’s and Tayler S. Fritz’s (”Respondent”) appeal of the Registrar’s denial of Respondent’s application for licensure.
On April 13, 2021, at 9:00 a.m., Assistant Attorney General Sarah Asta represented the Registrar. Robert Stirling, Assistant Chief Counsel for the Registrar, and Julie Pickerill were also present on behalf of the Registrar. Respondent Tayler Fritz appeared with his brother, Tyler Fritz. Prior to the commencement of the hearing, Ms. Asta requested that the hearing be continued in order to provide the parties an opportunity to engage in settlement discussions. Mr. Fritz did not object to a continuance. The Administrative Law Judge granted the request to continue and set the above-entitled matter for a Status Update by May 17, 2021.
On May 14, 2021, the Registrar filed a Status Update and Motion to Set in which the Registrar advised the Tribunal that the parties were unable to reach a resolution of the matter in dispute and requested that the matter be reset for hearing.
On May 17, 2021, the Tribunal issued a Minute Entry setting this matter for continued hearing on July 22, 2021, at 9:00 a.m. The Minute Entry provided the Google Meet link and telephone number for appearance at the hearing. The Minute Entry was issued to the email Mr. Fritz provided to the Tribunal at the April 13, 2021 hearing setting, [email redacted].
On the date and time set for continued hearing, Assistant Attorney General John Tellier represented the Registrar. Robert Stirling also appeared on behalf of the Registrar and informed the Tribunal that he exchanged email correspondence with Respondent on July 19, 2021, in which Respondent stated its intention to proceed with the hearing. Mr. Stirling also emailed Respondent just prior to the hearing to ensure that Respondent had the correct Google Meet link for the July 22, 2021 hearing.
Respondent failed to appear or be represented notwithstanding a ten minute grace period for appearance. Further, Respondent did not provide any reason for the absence or delay.
Mr. Tellier made a motion to dismiss Respondent’s appeal of the Registrar’s denial of its license application.
CONCLUSIONS OF LAW
Respondent bears the burden of persuasion in this matter. Ariz. Rev. Stat. § 41-1092.07(G)(1).
The standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code R2-19-119.
Respondent failed to appear for hearing and therefore, did not meet its burden to prove that its application should be approved. Consequently, this matter should be dismissed.
ORDER
IT IS ORDERED that Respondent’s appeal is dismissed and the Registrar’s denial of Respondent’s application is affirmed.
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 (40) days after the date of that certification.
-54864001
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-137160-45720000Done this day, July 23, 2021.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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