ALJDEC decisions subject to certification as final
2021A-05178-NPC-ROC · Registrar of Contractors · 2022-02-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Performance Drywall Incorporated,
COMPLAINANT
v.
Bacon Family Contracting, LLC
License No. ROC 319131,
RESPONDENT
No. 2021A-05178-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: February 1, 2022
APPEARANCES: Neither Complainant nor Respondent appeared for hearing.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
On December 20, 2021, the Arizona Registrar of Contractors (“Registrar”) issued to the parties a Notice of Hearing on Contested Case (“Notice”). The Notice was mailed and emailed to the parties’ respective mailing and email addresses of record with the Registrar. The Notice advised the parties that the hearing in the above-captioned matter was scheduled to convene on February 1, 2022, at 9:00 a.m. via Google Meet, and that the Office of Administrative Hearings would provide the Google Meet link for the hearing.
On December 28, 2021, the undersigned Administrative Law Judge issued to the parties an Order Setting Hearing Via Google Meet. The Order contained the Google Meet link for the scheduled hearing, as well as instructions for how to participate in the hearing either by telephone or video. The Order Setting Hearing Via Google Meet was issued to parties’ respective email addresses of record.
On January 28, 2022, the undersigned Administrative Law Judge issued to the parties a Minute Entry advising that the hearing would convene on February 1, 2022, at 10:00 a.m., rather than 9:00 a.m., and provided the same Google Meet link for the parties’ convenience, as well as the instructions for participation in the hearing. The Minute Entry was issued to the parties’ respective email addresses of record.
On the date and time set for hearing, neither Complainant nor Respondent appeared for the hearing. The tribunal waited ten (10) minutes beyond the scheduled start time, however, neither party appeared or provided cause for the absence or delay.
CONCLUSION OF LAW
By failing to appear at the hearing, Complainant did not meet the burden of establishing Respondent’s statutory violation(s) by a preponderance of the evidence. See A.A.C. R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar’s 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, February 1, 2022.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000