ALJDEC decisions subject to certification as final

2021A-04675-NPC-ROC · Registrar of Contractors · 2022-01-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

SchaMac Custom Homes Inc,

COMPLAINANT,

v.

Beringer Fine Homes Inc,

License No. ROC 173499,

RESPONDENT.

No. 2021A-04675-NPC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: December 17, 2021

APPEARANCES: No one appeared on behalf of Complainant SchaMac Custom Homes Inc. Lance D. Hough, Esq. appeared on behalf of Respondent Beringer Fine Homes Inc. along with President and Qualifying Party Tim Beringer.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

_____________________________________________________________________

FINDINGS OF FACT

Complainant failed to appear at the noticed hearing. The tribunal waited 20 minutes beyond the scheduled start time; however, no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the Complaint. See A.A.C. R2-19-119. Therefore, Respondent’s license should bear no discipline as a result of Complainant’s Complaint.

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 its entirety.

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 40 days from the date of that certification.

Done this day, January 6, 2022.

/s/ Kay A Abramsohn

Administrative Law Judge

Jeffrey Fleetham, Registrar

Arizona Registrar of Contractors