ALJDEC - Licensing

2023A-02561-CHC-ROC · Registrar of Contractors · 2024-01-19

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Daniel Eisenman

COMPLAINANT,

v.

Hacienda Nuevo Builders LLC

License No. ROC 277350,

RESPONDENT.

No. 2023A-02561-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 13, 2023 and January 5, 2024

APPEARANCES: Complainant Daniel Eisenman appeared on behalf of himself at the hearing on September 13, 2023. Jose Calderon appeared on behalf of Respondent Hacienda Nuevo Builders, LLC at the hearing on September 13, 2024.

Complainant did not appear for the hearing scheduled for January 5, 2024.

Jose Calderon appeared on behalf of Respondent Hacienda Nuevo Builders, LLC, at the hearing on January 5, 2024.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: None.

_____________________________________________________________________

FINDINGS OF FACT

1. At the hearing on September 13, 2023, during opening statements, the parties requested that the above-entitled matter be continued and set for a status update to afford the parties additional time to resolve the matter.

2. No evidence was taken at the hearing on September 13, 2023.

3. On November 7, 2023, Complainant filed a document with the tribunal that provided, “All required items are Not [sic] completed!”

4. On November 14, 2023, the Office of Administrative Hearings issued a notice to both parties resetting the matter for hearing on January 5, 2024.

5. On January 5, 2024, Jose Calderon appeared on behalf of Respondent.

6. Complainant did not appear for the hearing on January 5, 2024.

CONCLUSIONS OF LAW

By failing to appear at the hearing, 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, January 19, 2024.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Tom Cole

Registrar of Contractors

c/o Legal Department

[email redacted]

Arlo Houston

ROC Investigator

[email redacted]

Hacienda Nuevo Builders LLC

[email redacted]

Daniel Eisenman

[email redacted]

By: OAH Staff