ALJDEC decisions subject to certification as final
2022A-06243-NPC-ROC · Registrar of Contractors · 2022-12-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Lonestar Drywall LLC,
DBA: ,
COMPLAINANT
v.
Barraza Drywall and Sons LLC
License No. ROC 296108,
RESPONDENT
No. 2022A-06243-NPC-ROC
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: December 5, 2022, 9:00 A.M.
APPEARANCES: No appearance on behalf of Complainant; no appearance on behalf of Respondent
ADMINISTRATIVE LAW JUDGE: Roger A. Geddes
_____________________________________________________________________
FINDINGS OF FACT
1. Neither Complainant nor Respondent appeared at the hearing.
2. The Notice of Hearing on this matter, dated October 31, 2022, indicates it was mailed and emailed to Complainant on that date at its addresses of record.
3. The Notice of Hearing advised of the procedure for requesting a continuance of the hearing.
4. Although the commencement of the hearing was delayed approximately 20 minutes, Complainant did not appear at any time during the hearing through an authorized member, manager, officer, employee, attorney, or any other person. During that time, a representative of the Arizona Office of Administrative Hearings telephoned Complainant at its telephone number on record but just received a recording. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action.
5. Complainant did not at any time submit a request that the hearing be continued.
CONCLUSIONS OF LAW
1. The copy of the original Notice of Hearing that the Registrar mailed to Complainant at its address of record was reasonable and Complainant is 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, Complainant did not meet the 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, 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 5 days from the date of that certification.
Done this day, December 12, 2022.
/s/ Roger Geddes
Administrative Law Judge
Transmitted electronically to:
Jeffrey Fleetham, Director
Registrar of Contractors
Barraza Drywall and Sons LLC
PO Box 1399
Apache Junction, AZ 85117
[email redacted]
Lonestar Drywall LLC
Po Box 1688
Litchfield, AZ 85340
By: Miranda Alvarez
Legal Secretary
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