ALJDEC decisions subject to certification as final

2022A-02509-CHC-ROC · Registrar of Contractors · 2022-08-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

David Book ,

COMPLAINANT

v.

Contractor's Flooring Supply and Installation Inc.

License No. ROC 179366,

RESPONDENT

No. 2022A-02509-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: August 18, 2022

APPEARANCES: Complainant David Book did not appear. Respondent Contractor’s Flooring Supply and Installation Inc. did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 15 minutes beyond the scheduled start time, but no one appeared for Complainant.

Investigator Chris Fultz notified the Administrative Law Judge that Complainant had reported to him that the matter had been resolved prior to the hearing. Complainant was provided instruction regarding how to communicate that to the Office of Administrative Hearings.

The Office of Administrative Hearings received a telephone call from Respondent on August 9, 20222, indicating the matter had been resolved.

On August 9, 2022, the Administrative Law Judge issued an Order providing the parties with the Google Meet information necessary to connect to the hearing and advising Complainant that if the matter had been resolved, he should notify the Office of Administrative Hearings in writing of such.

The Office of Administrative Hearings received no communication from Complainant in this matter.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the 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 40 days from the date of that certification.

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-137160-45720000Done this day, August 23, 2022.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director

Registrar of Contractors

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-137160-45720000By Miranda Alvarez

Legal Secretary