ALJDEC - Licensing
2023A-02258-CHC-ROC · Registrar of Contractors · 2023-10-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Cholla Susini,
COMPLAINANT
v.
Unlimited Construction Solutions LLC
License No. ROC 331727,
RESPONDENT
No. 2023A-02258-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 13, 2023
APPEARANCES: Complainant did not appear. Respondent did not appear.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
FINDINGS OF FACT
The above-captioned matter was set to convene for hearing at 9:00 a.m. on October 13, 2023, with the Office of Administrative Hearings in Phoenix, Arizona.
An order including the Google Meet link to connect to the hearing was issued to the parties on August 21, 2023.
No representative for Complainant appeared, in person or by Google Meet, by 9:15 a.m. and consequently, the matter was not convened and no evidence was taken.
Complainant did not contact the Office of Administrative Hearings at any point during the day of the hearing.
At approximately 5:38 p.m. on Sunday, October 15, 2023, Complainant sent an email to the Office of Administrative Hearings in which Complainant stated, “The door failed the water test last week and the issue still continues. Can we get a new date for the hearing?”
At approximately 9:06 a.m. on October 16, 2023, Complainant submitted a Motion to Continue to the Office of Administrative Hearings that provided as follows:
The door in question has been replaced but failed a water test on 10/10/2023. The glass work to correct the issue is scheduled for 10/18/2023. Can we please have a hearing the week of October 23, 2023?
At no time did Complainant offer an explanation as to why she was not present at the October 13, 2023 hearing.
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.
Complainant failed to provide good cause for her absence at the hearing and/or her failure to contact the Office of Administrative Hearings in a timely manner to request that the matter be rescheduled.
Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.
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, October 23, 2023.
/s/ Tammy L. Eigenheer
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Cholla Susini
[email redacted]
Mark Nipp
[email redacted]
Unlimited Construction Solutions LLC
[email redacted]
By: OAH Staff