ALJDEC - Licensing
2022A-10440-CHC-ROC · Registrar of Contractors · 2023-07-25
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Donald L Smith Jr ,
COMPLAINANT
v.
Jean Johnston
License No. ROC 173434,
RESPONDENT
No. 2022A-10440-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 7, 2023, 9:00 A.M.
APPEARANCES: No appearance was made on behalf of Complainant; Samuel Dampt, Esq., appeared on behalf of Respondent
ADMINISTRATIVE LAW JUDGE: Roger Geddes
_____________________________________________________________________
FINDINGS OF FACT
Background and Procedure
1. Complainant did not appear at the hearing; Respondent Jean Johnston appeared. Investigator Jason Simpson appeared on behalf of the Registrar of Contractors.
2. The Notice of Hearing on this matter, dated May 24, 2023, mailed or emailed that day to the parties at their addresses of record, informed the parties that they “must attend the hearing....”
3. Investigator Simpson indicated he had just spoken with Complainant who advised him he would not be attending the hearing.
CONCLUSIONS OF LAW
1. The copy of the original Notice of Hearing that the Registrar mailed or 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-10440 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, July 25, 2023.
/s/ Roger Geddes
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Martín Quezada, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Donald L Smith Jr
[email redacted]
Jean Johnston
[email redacted]
Samuel Dampt, Esq.
[email redacted]
By: OAH Staff