ALJDEC - Licensing

2023A-04646-NPC-ROC · Registrar of Contractors · 2023-07-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Quality Construction Services LLC,

COMPLAINANT,

v.

PRECISION ASPHALT AND

SEALCOATING, LLC,

DBA: Black and Yellow Paving

License No. ROC 334701,

RESPONDENT.

No. 2023A-04646-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 17, 2023

APPEARANCES: Complainant Quality Construction Services, LLC failed to appear. John Fahrenbruch appeared on behalf of Respondent Precision Asphalt and Sealcoating, LLC, doing business as Black and Yellow Paving.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

Quality Construction Services, LLC (“Complainant”) failed to appear at the hearing notwithstanding having received proper notice. The Tribunal waited ten (10) minutes beyond the scheduled start time, however, Complainant continued in its non-appearance and did not notify the Tribunal of any cause for its absence or delay.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden of establishing by a preponderance of the evidence that Respondent violated the charged provision of the State’s contracting laws.

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, July 18, 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]

PRECISION ASPHALT AND SEALCOATING, LLC

DBA: Black and Yellow Paving

[email redacted]

Quality Construction Services, LLC

[email redacted]

By: OAH Staff