ALJDEC decisions subject to certification as final

2021A-06823-CHC-ROC · Registrar of Contractors · 2022-06-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Itsa Contracting LLC,

COMPLAINANT

v.

Maxbilt Inc

DBA: Rob Miller,

License No. ROC 118265,

RESPONDENT

No. 2021A-06823-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: June 9, 2022

APPEARANCES: No one appeared for either party

ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

On March 11, 2022, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on April 13, 2022 at the Office of Administrative Hearings in Phoenix, Arizona.

The matter was continued and the hearing scheduled to convene at 1:00 p.m. June 9, 2022.

Neither party filed a disclosure statement as required by Ariz. Admin. Code section R4-9-118.

No representative for either party appeared by 1:19 p.m., 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).

Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation is unsupported by evidence.

Because the Citation is unsupported by any evidence, this matter should be dismissed.

ORDER

IT IS ORDERED that Case No. 202-06823 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 9, 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