ALJDEC - Licensing

2023A-00423-CHC-ROC · Registrar of Contractors · 2023-07-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Angela Thompson ,

COMPLAINANT

v.

Wolff Mechanical Inc

License No. ROC 282236,

RESPONDENT

No. 2023A-00423-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 21, 2023, 1:00 P.M.

APPEARANCES: No appearance was made on behalf of Complainant Angela Thompson; Joshua Brandow appeared on behalf of Respondent

ADMINISTRATIVE LAW JUDGE: Roger Geddes

_____________________________________________________________________

FINDINGS OF FACT

Background and Procedure

1. Complainant did not appear at the hearing; Joshua Brandow, General Manager, appeared on behalf of Respondent

2. The Notice of Hearing on this matter, dated May 16, 2023, mailed or emailed that day to the parties at their addresses of record, informed the parties that they “must attend the hearing....”

3. The Notice of Hearing further advised of the procedure for changing the 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. 2023A-00423 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 11, 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]

Angela Thompson

[email redacted]

Chris Fultz

[email redacted]

Wolff Mechanical Inc.

[email redacted]

By: OAH Staff