ALJDEC decisions subject to certification as final

2021A-01139-NPC-ROC · Registrar of Contractors · 2021-06-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Cemex Construction Materials South, LLC,

COMPLAINANT

v.

CIM CON, LLC

License No. ROC 323600,

RESPONDENT

No. 2021A-01139-NPC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: June 10, 2021

APPEARANCES: Complainant Cemex Construction Materials South, LLC failed to appear. Troy Scott, General Manager, appeared on behalf of Respondent CIM CON, LLC.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Cemex Construction Materials South, LLC (“Complainant”) failed to appear at the hearing. The tribunal waited fifteen (15) minutes beyond the scheduled start time, however, no appearance was made on behalf of Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet its burden to present evidence in support of the complaint. 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.

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-137160-45720000Done this day, June 11, 2021.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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