ALJDEC - Licensing

2022A-10750-NPC-ROC · Registrar of Contractors · 2023-03-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

R.C. Concrete LLC,

COMPLAINANT

v.

McCurdy Construction LLC

License No. ROC 322920,

RESPONDENT

No. 2022A-10750-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 10, 2023

APPEARANCES: Complainant R.C. Concrete LLC did not appear. Michael McCurdy appeared on behalf of Respondent McCurdy Construction LLC.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

This matter was scheduled to convene via Google Meet at 9:00 a.m. on March 10, 2023.

The Google Meet information necessary to connect to the hearing was sent to the parties via email on February 23, 2023.

Complainant failed to appear at the hearing. The tribunal waited 15 minutes beyond the scheduled start time, but no one appeared for Complainant or contacted the Office of Administrative Hearings regarding their absence from the hearing.

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, March 20, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

McCurdy Construction LLC

[email redacted]

R.C. Concrete LLC

[email redacted]

By: OAH Staff