ALJDEC - Licensing

2022A-06810-CHC-ROC · Registrar of Contractors · 2023-04-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Frank Roberts ,

COMPLAINANT

v.

Vision Solar LLC

License No. ROC 334176,

RESPONDENT

No. 2022A-06810-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 4, 2023, 9:00 A.M.

APPEARANCES: No appearance was made on behalf of Complainant; no appearance was made on behalf of Respondent

ADMINISTRATIVE LAW JUDGE: Roger A. Geddes

_____________________________________________________________________

FINDINGS OF FACT

Background and Procedure

1. Neither Complainant nor Respondent appeared at the hearing although both had appeared at the earlier hearing on March 9, 2023, when they had requested a continuance in order to attempt to resolve this matter.

2. A copy of the Minute Entry – Granting Continuance was sent to Complainant on March 14, 2023, at his email of record.

3. Although the commencement of the hearing was delayed approximately 15 minutes, Complainant did not appear at any time during the hearing through an attorney or any other person. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request that the April 4, 2023, hearing be continued.

CONCLUSIONS OF LAW

1. The copy of the Minute Entry – Granting Continuance emailed to Complainant at his 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, that the Citation and Complaint in Case No. 2022A-06810 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 24, 2023.

/s/ Roger Geddes

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Martín Quezada, Director

Registrar of Contractors

Frank Roberts

[email redacted]

Vision Solar LLC

[email redacted]

By: OAH Staff