ALJDEC decisions subject to certification as final
2021A-04723-CHC-ROC · Registrar of Contractors · 2022-06-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Giuseppe Faso ,
COMPLAINANT
v.
Muro's Pools LLC
License No. ROC 321392,
RESPONDENT
No. 2021A-04723-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: May 31, 2022
APPEARANCES: No one appeared for either party
ADMINISTRATIVE LAW JUDGE: Thomas Shedden
FINDINGS OF FACT
On January 12, 2022, the Registrar of Contractors (“ROC”) issued a Notice of Hearing on Contested Case setting the above-captioned matter for hearing on February 18, 2022 at the Office of Administrative Hearings in Phoenix, Arizona.
The hearing was convened on February 18, 2022, but no evidence was taken because the parties agreed to try to resolve the matter.
The parties did not resolve the matter and Complainant requested that the matter be reset for hearing.
Through an Order dated April 19, 2022, the hearing was reset to convene at 1:00 p.m. May 31, 2022. The parties were informed that they could appear in person or by video conference or telephone.
No representative for either party appeared by 1:15 p.m. on May 31, 2022, and consequently, the matter was not convened and no evidence was taken.
CONCLUSIONS OF LAW
The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement, and the standard of proof on all issues in this matter is that of a preponderance of the evidence. Ariz. Admin. Code § R2-19-119; see also Ariz. Rev. Stat. §§ 41-1092.07(G)(2) and (G)(3).
Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation and Complaint are unsupported by evidence.
Because the Citation and Complaint are unsupported by any evidence, this matter should be dismissed.
ORDER
IT IS ORDERED that Case No. 2021-04723 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 is forty days after the date of that certification.
-54864001
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-137160-45720000Done this day, June 1, 2022.
/s/ Thomas Shedden
Thomas Shedden
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
By Miranda Alvarez
Legal Secretary -54864001
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-137160-45720000