ALJDEC decisions subject to certification as final

2021A-01750-CHC-ROC · Registrar of Contractors · 2021-12-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Robert William Welsh III,

COMPLAINANT

D R H Construction, Inc.

License No. ROC 113105,

RESPONDENT

No. 2021A-01750-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: December 13, 2021

APPEARANCES: Complainant Robert William Welsh III did not appear. Tom Shorall, Esq. and Jason Boblick, Esq. represented Respondent D R H Construction, Inc. Dawn Green Tew appeared as a witness for Respondent D R H Construction, Inc. Arizona Registrar of Contractors Investigator John Smith was present.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Robert William Welsh III (“Complainant”) did not appear at the hearing. The tribunal waited ten (10) minutes beyond the scheduled start time, but no one appeared on behalf of Complainant, nor did Complainant request that the hearing be continued to a different date.

Mr. Shorall made a motion to dismiss this matter.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet his burden to establish by a preponderance of the evidence Respondent’s alleged violations of this State’s contracting laws as charged by the Arizona Registrar of Contractors. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Arizona 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, December 14, 2021.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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