ALJDEC - Licensing

2022A-07927-CHC-ROC · Registrar of Contractors · 2023-04-21

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Veronica Gonzalez,

COMPLAINANT,

v.

D R H Tucson Construction, Inc.

License No. ROC 124600,

RESPONDENT.

No. 2022A-07927-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 14, 2023

APPEARANCES: Complainant Veronica Gonzalez failed to appear. Rosary Hernandez, Esq. represented Respondent D R H Tucson Construction, Inc. Eddie Gallegos appeared as a witness for Respondent D R H Tucson Construction, Inc. Arizona Registrar of Contractors Investigator Steve Hammons did not appear.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Veronica Gonzalez (“Complainant”) failed to appear at the hearing.

The Tribunal waited ten (10) minutes beyond the scheduled start time, yet Complainant continued in her non-appearance, and did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay.

The Administrative Law Judge finds based on the record, that Complainant received proper notice of the scheduled hearing.

D R H Tucson Construction, Inc.’s (“Respondent”) counsel made a motion to dismiss the filed Complaint.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden of establishing by a preponderance of the evidence that Respondent violated the charged statutory provisions cited in the Citation issued in this matter. 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, April 21, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Martín Quezada, Director

Registrar of Contractors

[email redacted]

Steve Hammons

[email redacted]

Rosary A. Hernandez, Esq.

Burch & Cracchiolo, P.A.

[email redacted]

[email redacted]

Veronica Gonzalez

[email redacted]

By: OAH Staff