ALJDEC - Licensing

2023A-07718-NPC-ROC · Registrar of Contractors · 2023-10-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Winsupply Gilbert AZ Co.,

COMPLAINANT

v.

BEAST AC MECHANICAL, LLC

License No. ROC 328707,

RESPONDENT

No. 2023A-07718-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 10, 2023

APPEARANCES: Complainant Winsupply Gilbert AZ Co. did not appear. A representative for Respondent was available at the time of the hearing.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

On or about August 30, 2023, the Arizona Registrar of Contractors (Registrar) issued a Notice of Hearing setting this matter for hearing at 9:00 a.m. on October 10, 2023, at the Office of Administrative Hearings in Phoenix, Arizona.

On or about September 5, 2023, the Office of Administrative Hearings issued an Order providing the parties with the information necessary to connect to the hearing via Google Meet at the scheduled time.

No representative for Complainant appeared or provided a telephone number at which they could be reached by 9:30 a.m. and consequently, the matter was not convened and no evidence was taken.

At 3:19 p.m. on October 12, 2023, Amanda Searcy, Complainant’s President and Owner, submitted an email to the Office of Administrative Hearings that provided, in pertinent part, as follows:

I was trying to see about getting the hearing rescheduled. I realized I had sent the request to the ROC not to this email. I was out of the country and not able to attend so was unsure of outcome or what steps I need to take.

Complainant failed to provide good cause for its failure to appear at the hearing or to timely request a continuance due to unavailability.

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 recommended that on the effective date of the Registrar’s final order in this matter, the Registrar close Complainant’s complaint in Case No. 2023-07718 against Respondent’s License No. 328707.

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 13, 2023.

/s/ Tammy L. Eigenheer

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

BEAST AC MECHANICAL, LLC

[email redacted]

Winsupply Gilbert AZ Co.

[email redacted]

By: OAH Staff