ALJDEC - Licensing

2022A-08849-NPC-ROC · Registrar of Contractors · 2023-02-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sky Superior Roofing LLC,

COMPLAINANT

v.

Structural Technology Custom Homes LLC

License No. ROC 189480,

RESPONDENT

No. 2022A-08849-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 21, 2023

APPEARANCES: Complainant failed to appear. Respondent was represented by Joseph Brophy, Esq. who appeared via Google Meet.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

On January 9, 2023, the matter was continued to February 21, 2023. An order regarding the same was e-mailed to Complainant’s email address of record.

On February 17, 2023, Respondent filed a Motion to Continue and staff from the Office of Administrative Hearings requested a response to Respondent’s Motion to Continue.

On February 21, 2023, Complainant failed to appear at the hearing and/or otherwise respond to the Motion to Continue. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. 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, February 23, 2023.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

Sky Superior Roofing LLC

2830 N 55th Dr

Phoenix, AZ 85035

[email redacted]

Joseph A. Brophy, Esq.

2800 N Central Ave Suite 1800

Phoenix, AZ 85004

[email redacted]

By: OAH Staff