ALJDEC - Licensing

2023A-00195-NPC-ROC · Registrar of Contractors · 2023-04-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Open Enclose, LLC,

COMPLAINANT,

v.

Essayons Construction &

Management, LLC

License No. ROC 328645,

RESPONDENT.

No. 2023A-00195-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 5, 2023

APPEARANCES: Neither Complainant nor Respondent appeared.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Complainant failed to appear at the duly noticed hearing.

The Tribunal waited twenty (20) minutes beyond the scheduled commencement time, however, Complainant continued in its non-appearance and did not contact the Office of Administrative Hearings to indicate a cause for its absence or delay, nor did Complainant request that the matter be continued.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence, Respondent’s alleged violation(s) of this Sate’s contracting laws as charged in the Citation issued in this matter.

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, April 6, 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]

Essayons Construction & Management, LLC

[email redacted]

Open Enclose, LLC

[email redacted]

By: OAH Staff