ALJDEC - Licensing

2022A-05622-CHC-ROC · Registrar of Contractors · 2023-03-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

John Mai,

COMPLAINANT,

v.

REIcon, LLC

License No. ROC 319709,

RESPONDENT.

No. 2022A-05622-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 3, 2023

APPEARANCES: Complainant John Mai did not appear. Todd Baxter, Esq. represented Respondent REIcon, LLC. Chris Reigel appeared on behalf of Respondent. Arizona Registrar of Contractors Investigator Mark Nipp appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

John Mai (“Complainant”) failed to appear at the hearing, notwithstanding that the Order setting the continued hearing date and containing the Google Meet link for the hearing, was issued to Complainant’s email address of record with the Arizona Registrar of Contractors.

The Tribunal waited ten (10) minutes beyond the scheduled start time to convene the hearing. Complainant continued in his non-appearance and did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay, nor did Complainant request that the hearing be continued.

REIcon, LLC’s (“Respondent”) counsel made a motion to dismiss.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden of establishing by a preponderance of evidence Respondent’s alleged violations of the charged provisions of this State’s contracting laws. 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.

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, March 3, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

[email redacted]

Mark Nipp

[email redacted]

Todd A. Baxter, Esq.

[email redacted]

John Mai

[email redacted]

By: OAH Staff