ALJDEC decisions subject to certification as final
2022A-05890-CHC-ROC · Registrar of Contractors · 2023-02-01
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Les Jay Oilund,
COMPLAINANT,
v.
Vision Solar, LLC
License No. ROC 334176,
RESPONDENT
No. 2022A-05890-CHC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: January 31, 2023
APPEARANCES: Neither Complainant nor Respondent appeared.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
FINDINGS OF FACT
The hearing of this matter was scheduled to convene via Google Meet on January 31, 2023, at 9:00 a.m. On December 20, 2022, the Arizona Registrar of Contractors (“Registrar”) issued the Notice of Hearing advising the parties of the hearing date and time and that a Google Meet link would be issued by the Office of Administrative Hearings. That Notice of Hearing was mailed and emailed to the parties’ respective addresses and email addresses of record with the Registrar.
On December 28, 2022, the Office of Administrative Hearings issued the Order Setting Hearing Via Google Meet to the parties at their respective email addresses of record. That Order contained the correct Google Meet link for participation in the hearing.
On the date and time set for hearing, only Investigator Daniel Edwards appeared as a witness. Neither party appeared for hearing. The tribunal waited ten (10) minutes beyond the scheduled start time, however, both parties continued in their non-appearance and neither party notified the Office of Administrative Hearings prior to the scheduled hearing time of any cause for the absence or delay, nor did either party request a continuance of the hearing.
On January 31, 2023, at 9:35 a.m., Respondent’s counsel submitted correspondence to the Office of Administrative Hearings indicating the following:
This matter was listed for a contested hearing this morning, 11am EST. I appeared and was the only attendee. I waited until 11:15am and signed off. The matter in question is resolved in that there were 2 matters in dispute, payment of a reimbursement to the customer which was paid and the system being functional - the system was PTO on December 22, 2022. Nevertheless, the hearing was to be held. This letter will confirm my attendance.
Should you require anything further, or dispute this is the proper amount, please do not hesitate to contact me.
5. Complainant did not file a Motion to Vacate with the Office of Administrative Hearings.
CONCLUSIONS OF LAW
By failing to appear at the hearing, Complainant did not present evidence in support of the filed Complaint or meet the burden of establishing the alleged statutory violations by Respondent. See A.A.C. R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar’s 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, February 1, 2023.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
[email redacted]
Les Jay Oilund
[email redacted]
Vision Solar, LLC
[email redacted]
Daniel Edwards
[email redacted]
By: OAH Staff
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