ALJDEC - Licensing

2023A-07787-NPC-ROC · Registrar of Contractors · 2023-11-15

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Associated Finishes Inc.,

COMPLAINANT

v.

McCurdy Construction LLC

License No. ROC 322920,

RESPONDENT

No. 2023A-07787-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 13, 2023

APPEARANCES: Michael McCurdy appeared on behalf of Respondent McCurdy Construction LLC.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

_____________________________________________________________________

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant.

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, November 15, 2023.

/s/ Adam D. Stone

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

McCurdy Construction LLC

2090 E University Dr. Ste. 105

Tempe, AZ 85281

[email redacted]

Associated Finishes Inc.

7335 East Acoma Drive Suite 101

Scottsdale, AZ 85260-3120

By: OAH Staff