ALJDEC - Licensing

2023A-00628-NPC-ROC · Registrar of Contractors · 2023-04-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ferguson Enterprises LLC,

COMPLAINANT,

v.

New Star Plumbing and Mechanical, LLC

License No. ROC 336282,

RESPONDENT.

No. 2023A-00628-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 21, 2023

APPEARANCES: Neither Complainant nor Respondent appeared.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Complainant and Respondent failed to appear at the hearing. The Tribunal provided a fifteen (15) minute grace period, however, neither party appeared and neither party notified the Office of Administrative Hearings of any cause for the absence or delay.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet its burden to establish by a preponderance of the evidence, Respondent’s alleged violation(s) of this State’s contracting laws. 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, April 25, 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]

New Star Plumbing and Mechanical LLC

[email redacted]

Mark A. Kirkorsky, Esq.

[email redacted]

By: OAH Staff