ALJDEC decisions subject to certification as final
2021A-01645-CHC-ROC · Registrar of Contractors · 2021-10-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Janet Marie Duquette ,
COMPLAINANT
v.
Wildcat Heating and Cooling LLC
License No. ROC 257964,
RESPONDENT
No. 2021A-01645-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: September 29, 2021
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On July 28, 2021, the Registrar of Contractors issued a Notice of Hearing on Contested Case erroneously showing that the hearing would be conducted at ROC’s office in Tucson at 1:00 p.m. on August 30, 2021.
Although the Office of Administrative Hearings informed the parties through email that the hearing would be conducted by video conference or telephone and provided the parties with the required contact information, no representative for Respondent Wildcat Heating and Cooling LLC called in or appeared at 1:00 p.m. on August 30, 2021.
Considering the circumstances, Complainant agreed that the matter should be continued.
Through an Order dated August 31, 2021, the matter was rescheduled to convene at the Office of Administrative Hearings at 1:00 p.m. on September 29, 2021, with the parties informed they could appear remotely by telephone or video conference.
No representative for either party appeared by 1:15 p.m. and, consequently, the matter was not convened and no evidence was taken.
CONCLUSIONS OF LAW
“At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” Ariz. Rev. Stat. § 41-1092.07(G)(2).
Because no one appeared to prosecute the matter, no evidence was adduced to show that Respondent committed the alleged violations and the burden of persuasion has not been met.
Consequently, this matter should be dismissed.
ORDER
IT IS ORDERED that case number 2021-01645 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 will be forty days after the date of that certification.
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-137160-45720000Done this day, October 1, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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