ALJDEC decisions subject to certification as final
2021A-06244-CHC-ROC · Registrar of Contractors · 2022-05-31
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sheila Marks,
COMPLAINANT
v.
Diamond Cut Landscaping, LLC
License No. ROC 323848,
RESPONDENT
No. 2021A-06244-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: May 27, 2022
APPEARANCES: Complainant Sheila Marks did not appear. Michael Carver and Daniel Plunk appeared on behalf of Respondent Diamond Cut Landscaping, LLC. Arizona Registrar of Contractors Investigator Daniel Edwards appeared as a witness.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
Sheila Marks (“Complainant”) failed to appear for the hearing. The Notice of Hearing issued by the Arizona Registrar of Contractors (“Registrar”) was sent to Complainant’s mailing and email addresses of record with the Registrar. The Order providing the Google Meet link for participation in the hearing was issued by the Office of Administrative Hearings to Complainant’s email address of record.
The tribunal waited ten (10) minutes beyond the scheduled start time, however, no one appeared on behalf of Complainant, nor did Complainant contact the Office of Administrative Hearings to indicate any cause for the absence or delay.
CONCLUSIONS OF LAW
By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence Respondent’s alleged statutory violation(s). 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, May 31, 2022.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
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-137160-45720000By Miranda Alvarez
Legal Secretary