ALJDEC - Licensing

2022A-10989-CHC-ROC · Registrar of Contractors · 2023-07-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Keith Miller ,

COMPLAINANT

v.

Strongbuilt Plumbing & Air LLC

License No. ROC 304707,

RESPONDENT

No. 2022A-10989-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 28, 2023, 1:00 P.M.

APPEARANCES: No appearance was made on behalf of Complainant; Jeff Wenzel, Installation Manager, Cindy Walford, Project Coordinator, and Jose Lizarraga, Plumbing Manager, appeared on behalf of Respondent Strongbuilt Plumbing & Air LLC

ADMINISTRATIVE LAW JUDGE: Roger Geddes

_____________________________________________________________________

FINDINGS OF FACT

Background and Procedure

1. Complainant did not appear at the hearing; Jeff Wenzel Installation Manager, Cindy Walford, Project Coordinator, and Jose Lizarraga, Plumbing Manager, appeared on behalf of Respondent.

2. The Notice of Hearing on this matter, dated March 23, 2023, setting a hearing for April 24, 2023, was mailed or emailed on March 23, 2023, to the parties at their addresses of record and informed the parties that they “must attend the hearing....”

3. A Minute Entry – Granting Continuance, dated and mailed or emailed March 30, 2023, was sent to the parties at their addresses of record notifying them of a new June 28, 2023, hearing date.

4. Although the commencement of the hearing was delayed approximately 20 minutes, Complainant did not appear at any time during the hearing in person, by video-conference, or by telephone. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request that the hearing be continued.

CONCLUSIONS OF LAW

1. The copy of the original Notice of Hearing that the Registrar mailed or emailed to Complainant at her 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-10989-CHC-ROC 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 21, 2023.

/s/ Roger Geddes

Administrative Law Judge

Transmitted electronically to:

Martín Quezada, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Strongbuilt Plumbing & Air LLC, Respondent

5450 N Camino De La Tierra

Tucson, AZ 85705

[email redacted]

Keith Miller, Complainant

14306 E. Nature Creek Place

Vail, AZ 85641

[email redacted]

By: OAH Staff