ALJDEC - Licensing

2022A-08699-CHC-ROC · Registrar of Contractors · 2023-08-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Barbara J. Root,

COMPLAINANT,

v.

AZ Trusted Air, LLC

License No. ROC 317368,

RESPONDENT.

No. 2022A-08699-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 15, 2023

APPEARANCES: Complainant Barbara J. Root did not appear for hearing. Jared Farnsworth appeared on behalf of Respondent AZ Trusted Air, LLC. Registrar of Contractors Investigator Lisa Melton appeared as a witness. Thomas Mattingly was also present as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Barbara J. Root (“Complainant”) failed to appear at the hearing notwithstanding proper notice. The Tribunal waited approximately fifteen (15) minutes beyond the scheduled start time, however, Complainant did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay. Registrar of Contractors Investigator Lisa Melton informed the Tribunal that she had a telephone conversation with Complainant on August 9, 2023, concerning the hearing, and that Complainant was aware of the scheduled hearing.

AZ Trusted Air, LLC (“Respondent”), through its Manager, Jared Farnsworth, made a motion to dismiss the Complaint giving rise to this proceeding.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet her burden to establish by a preponderance of the evidence Respondent’s alleged violations 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 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, August 23, 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]

Lisa Melton

[email redacted]

AZ Trusted Air, LLC

[email redacted]

Barbara J. Root

[email redacted]

By: OAH Staff