ALJDEC decisions subject to certification as final
2023A-01457-RFA-LS-ROC · Registrar of Contractors · 2024-04-29
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Mike Sprung,
COMPLAINANT
v.
Suncrest Remodeling and Restoration LLC
License No. ROC 191680,
RESPONDENT
No. 2023A-01457-RFA-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: April 16, 2024
APPEARANCES: Complainant Mike Sprung appeared on his own behalf. The Arizona Registrar of Contractors was represented by Assistant Attorney General Mona Baskin.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
EXHIBITS ADMITTED INTO EVIDENCE: Registrar’s Exhibits 1 through 9
_____________________________________________________________________
FINDINGS OF FACT
This matter arose from Respondent Suncrest Remodeling and Restoration LLC’s appeal of a proposed payout from the Arizona Registrar of Contractor’s (Registrar’s) Residential Contractors’ Recovery Fund (the Fund) to Complainant Mike Sprung.
The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 9:00 a.m. on April 16, 2024. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
A March 18, 2024 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet. The hearing was held via Google Meet on April 16, 2024.
Respondent did not request that the hearing be continued. Although the start of the hearing was delayed 15 minutes, Respondent did not appear through an authorized member, employee, or attorney. Consequently, Respondent did not present any evidence to support its appeal.
CONCLUSIONS OF LAW
The copies of the Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record were reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).
By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of its appeal. 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, Respondent’s appeal be dismissed.
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.
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-137160-45720000Done this day, April 29, 2024.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Mike Sprung
[email redacted]
Registrar of Contractors
[email redacted]
Suncrest Remodeling and Restoration LLC
[email redacted]
By: OAH Staff