ALJDEC - Licensing

2023A-02099-NPC-ROC · Registrar of Contractors · 2023-06-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

FELIPON TEAM PLASTERING LLC,

COMPLAINANT

v.

D B S I Inc

License No. ROC 155883,

RESPONDENT

No. 2023A-02099-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 30, 2023

APPEARANCES: Rick Adler appeared via Google Meet on behalf of DBSI Inc.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing at 1:00 p.m. on May 30, 2023, at the Office of Administrative Hearings in Phoenix, Arizona.

The undersigned Administrative Law Judge also issued an order on April 24, 2023, informing the parties of the log in information for Google Meet for the hearing.

No representative for Complainant appeared by 1:20 p.m. and consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

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 this matter is by a preponderance of the evidence. See A.A.C. R2-19-119.

Because Complainant failed to appear and prosecute its Complaint, Complainant did not meet the burden to present evidence in support of the complaint. 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, June 2, 2023.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Martín Quezada, Director

Registrar of Contractors

D B S I Inc

6950 W Morelos Pl Ste 1

Chandler, AZ 85226

[email redacted]

FELIPON TEAM PLASTERING LLC

3210 W Columbia Avenue

Yuma, AZ 85364

[email redacted]

By: OAH Staff