ALJDEC decisions subject to certification as final
2022A-00615-NPC-ROC · Registrar of Contractors · 2022-05-12
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Harry James Smith
COMPLAINANT
v.
Flagstaff Handyman and Ranch Services LLC, DBA: Dark Sky Construction and Remodeling,
License No. ROC 318468,
RESPONDENT
No. 2022A-00615-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: May 12, 2022
APPEARANCES: Complainant Harry James Smith did not appear. Grant Bradley appeared on behalf of Respondent Flagstaff Handyman and Ranch Services, LLC, doing business as Dark Sky Construction and Remodeling.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
Complainant failed to appear at the hearing notwithstanding proper notice. The tribunal waited fifteen (15) minutes beyond the scheduled start time, but no one appeared on behalf of Complainant and Complainant did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay, nor did Complainant request a continuance of the scheduled hearing.
CONCLUSIONS OF LAW
Respondent’s representative, Grant Bradley, made a motion to dismiss based upon Complainant’s failure to appear. By failing to appear at the hearing, Complainant did not meet the burden to establish Respondent’s alleged 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 Arizona Registrar of Contractors’ 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 12, 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