ALJDEC - Licensing
2023A-06530-CHC-ROC · Registrar of Contractors · 2023-10-23
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Sara Barboza,
COMPLAINANT
v.
Arizona Native Builders LLC
License No. ROC 313283,
RESPONDENT
No. 2023A-06530-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: October 12, 2023
APPEARANCES: Complainant did not appear. A representative for Respondent Arizona Native Builders LLC was present.
ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer
FINDINGS OF FACT
The above-captioned matter was set to convene for hearing at 1:00 p.m. on October 12, 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 October 9, 2023
No representative for Complainant appeared, in person or by Google Meet, by 1:15 p.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 or the following two business days.
At approximately 5:06 p.m. on October 16, 2023, Complainant submitted an email to the Office of Administrative Hearings that provided as follows
It is with much respect that I write this in response to hearing Sara Barboza vs Arizona Native Builders. I did not attend 10/12 as I had just returned from out of the country and had issues with signing in from home due to internet connection issues as well as phone. I live in a remote area near mountains which makes these things difficult at times however did not expect complete disconnection. Also, the second letter I received with the hearing date states “if you wish to join” which made me assume my presence was optional. My plan was to attend. However, when I started having technical issues I was not able to. I did reach out to Patricia Schuette from ROC that same day about the hearing and received a response via email today informing me that I needed to make contact with judge within 4 days. I called the number listed on the second letter and the receptionist asked that I emailed to this email address. I apologize for the absence. I am available at any time for any further information needed.
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
Patricia Schuette
[email redacted]
Arizona Native Builders LLC
[email redacted]
Sara Barboza
[email redacted]
By: OAH Staff