ALJDEC - Licensing

2023A-05514-NPC-ROC · Registrar of Contractors · 2023-09-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Rincon Drywall LLC,

COMPLAINANT

v.

Horton Enterprises LLC

DBA: D&D Construction & Home

Improvement

License No. ROC 309645,

RESPONDENT

No. 2023A-05514-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 31, 2023

APPEARANCES: Complainant failed to appear. Respondent Failed to appear.

ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing at 9:00 a.m. on August 31, 2023, at the Office of Administrative Hearings in Phoenix, Arizona.

No representative for Complainant appeared by 9:30 a.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 the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.

ORDER

IT IS ORDERED that Complainant’s appeal is 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, September 12, 2023.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Cindy Casaus , Interim Director

Registrar of Contractors

Cindy Casaus

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

Horton Enterprises LLC

DBA: D&D Construction & Home Improvement

[email redacted]

Rincon Drywall LLC

[email redacted]

By: OAH Staff