ALJDEC - Licensing
2022A-05494-CHC-ROC · Registrar of Contractors · 2023-04-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Ronald A Gutierrez ,
COMPLAINANT
v.
Casey Daniel Rodman
DBA: Desert Dynamics Construction
License No. ROC 324291,
RESPONDENT
No. 2022A-05460-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 24, 2023, 9:00 A.M.
APPEARANCES: No appearances were made on behalf of Complainants; no appearance was made on behalf of Respondent
ADMINISTRATIVE LAW JUDGE: Roger A. Geddes
_____________________________________________________________________
FINDINGS OF FACT
Background and Procedure
1. Neither Complainants in this consolidated case nor Respondent appeared at the hearing although both had appeared at the earlier hearings that had been continued to allow the parties an opportunity to resolve this matter.
2. A copy of the Minute Entry – Granting Continuance was sent to Complainants on April 4, 2023, at their email of record.
3. Although the commencement of the hearing was delayed approximately 15 minutes, Complainants did not appear at any time during the hearing through an attorney or any other person. Consequently, Complainants did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request that the April 24, 2023, hearing be continued.
CONCLUSIONS OF LAW
1. The copy of the Minute Entry – Granting Continuance emailed to Complainants at their address of record was reasonable and Complainants are deemed to have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).
2. 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 these matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-19-119. By failing to appear at the hearing, Complainants did not meet their burden to present evidence in support of the complaint.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, that the Citations and Complaints in Case No. 2022A-05460 and Case No. 2022A-05494 shall be dismissed.
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 decision. If the licensee accepts the Administrative Law Judge Decision, the 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, April 30, 2023.
/s/ Roger Geddes
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada
Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Casey Daniel Rodman, Respondent
dba Desert Dynamics Construction
1829 Marble Canyon Dr.
Bullhead City, AZ 86442
[email redacted]
Garrit C Gutierrez-Coker, Complainant
13948 Viewridge Ct.
Chino Hills, CA 91709
[email redacted]
Ronald A. Gutierrez, Complainant
13948 Viewridge Ct.
Chino Hills, CA 91709
[email redacted]
By: OAH Staff