ALJDEC - Licensing

2023A-08014-NPC-ROC · Registrar of Contractors · 2023-11-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

SPD Refrigeration LLC,

COMPLAINANT,

v.

Bonum Development & Construction, LLC

DBA : Bonum Development & Construction

License No. ROC 344755,

RESPONDENT.

No. 2023A-08014-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 6, 2023

APPEARANCES: Complainant SPD Refrigeration, LLC did not appear. Gerald Turner appeared on behalf of Respondent Bonum Development & Construction, LLC, doing business as Bonum Development & Construction.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

FINDINGS OF FACT

The hearing of this matter was noticed to convene on November 6, 2023, at 9:00 a.m. The Notice of Hearing issued by the Arizona Registrar of Contractors (“Registrar”) was sent to the parties’ respective mailing and email addresses of record with the Registrar. The Order Setting Hearing Via Google Meet was issued to the parties’ respective email addresses of record.

Notwithstanding proper notice, SPD Refrigeration, LLC (“Complainant”) failed to appear for the hearing. The Tribunal waited fifteen (15) minutes beyond the scheduled start time, however, no one appeared on behalf of Complainant and Complainant did not notify the Tribunal of any cause for the absence or delay, nor did Complainant request a continuance of the hearing.

Gerald Turner, on behalf of Bonum Development & Construction, LLC, doing business as Bonum Development & Construction (“Respondent”), made a motion to dismiss the filed Complaint.

CONCLUSION OF LAW

By failing to appear for the hearing, Complainant did not meet the burden of establishing by a preponderance of the evidence Respondent’s alleged violation(s) of the State’s contracting laws. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s 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 7, 2023.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole

Registrar of Contractors

c/o Legal Department

[email redacted]

Bonum Development & Construction, LLC

DBA: Bonum Development & Construction

[email redacted]

SPD Refrigeration, LLC

[email redacted]

By: OAH Staff