ALJDEC decisions subject to certification as final
2021A-02398-NPC-ROC · Registrar of Contractors · 2021-09-07
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
R W C Building Products,
COMPLAINANT
v.
Roofhq LLC
License No. ROC 323202,
RESPONDENT
No. 2021A-02398-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: August 26, 2021
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On July 19, 2021, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. August 26, 2021 at the Office of Administrative Hearings in Phoenix, Arizona.
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 and prosecuted the appeal, the appeal is unsupported by evidence and the burden of persuasion has not been met.
Consequently, this matter should be dismissed.
RECOMMENDED ORDER
IT IS RECOMMENDED 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.
-54864001
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-137160-45720000Done this day, September 7, 2021.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors-54864001
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-137160-45720000