ALJDEC decisions subject to certification as final
2021A-01765-NPC-ROC · Registrar of Contractors · 2021-12-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Ross Aerial Equipment LLC,
DBA: Ross Equipment Rentals,
COMPLAINANT
v.
R J Russo LLC
License No. ROC 237600,
RESPONDENT
No. 2021A-01765-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: December 14, 2021
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On June 14, 2021, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on July 27, 2021at the Office of Administrative Hearings in Phoenix, Arizona.
The matter was continued and convened on August 25, 2021, at which time the parties agreed to again continue the matter.
The matter was rescheduled for October 21, 2021. Through an Order dated October 21, 2021, the matter was again rescheduled, with the hearing set to convene on December 14, 2021 at 9:00 a.m.
No representative for either party appeared by 9:15 a.m. on December 14, 2021 and, consequently, the matter was not reconvened 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 and prosecuted the matter, the allegation at issue is unsupported by evidence and the burden of persuasion has not been met.
Consequently, this matter should be dismissed.
ORDER
IT IS ORDERED that this matter 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, December 29, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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