ALJDEC - Licensing
2022A-04432-CHC-ROC · Registrar of Contractors · 2023-02-21
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sharon M Haltiwanger,
COMPLAINANT,
v.
Home Depot U S A Inc,
License No. ROC 092581,
RESPONDENT.
No. 2022A-04432-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: February 1, 2023, Virtual Hearing.
APPEARANCES: Ron Hatch represented Respondent. ROC Investigator appeared. Complainant failed to appear.
ADMINISTRATIVE LAW JUDGE: Kay Abramsohn
FINDINGS OF FACT
1. Despite being copied on the Minute Entry granting the continuance in this matter, Complainant failed to appear at the continued hearing that had been scheduled in response to her filed Complaint at the Registrar of Contractor (ROC). The hearing did not convene for over 20 minutes past the scheduled start time; however, Complainant failed to appear in person, on the phone, or virtually through the Google link.
2. At hearing, Respondent indicated that there had been an offer from insurance regarding the work but that, to his knowledge, Complainant had not agreed to accept the insurance offer.
CONCLUSIONS OF LAW
1. The burden of proof at an administrative hearing is generally upon the petitioner. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 1949). In this case, Complainant had the burden of proof as to her allegations in the Complaint she filed with ROC.
2. Based on Complainant’s failure to appear, one may conclude that the matter was resolved; however, Respondent was unable to confirm the matter was resolved.
3. Based on the foregoing, the Administrative Law Judge concludes that the matter should be dismissed.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that this matter be dismissed.
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Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the Administrative Law Judge Decision. If the licensee accepts the Administrative Law Judge Decision, the Administrative Law Judge Decision shall be certified as the final decision by the Office of Administrative Hearings.
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.
Done this day, February 21, 2023.
/s/ Kay A. Abramsohn
Administrative Law Judge
Transmitted electronically to:
Martín Quezada, Registrar
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Brandon Smith
[email redacted]
Home Depot USA Inc
PO Box 105451
Atlanta, GA 30348
[email redacted]
Sharon M Haltiwanger
931 S Roundtail Pl
Tucson, AZ 85748
[email redacted]
[email redacted]
By: OAH Staff