ALJDEC decisions subject to certification as final

2023A-08231-CHC-ROC · Registrar of Contractors · 2024-05-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Floyd Michael Patten,

COMPLAINANT,

Titan Solar Power AZ Inc.,

ROC License No. 334037,

RESPONDENT.

No. 2023A-08231-CHC-ROC

ADMINISTRATIVE LAW JUDGE

DECISION

HEARING: May 13, 2024 at 1:00 PM.

APPEARANCES: No appearance(s) by or on behalf of Floyd Michael Patten (“Complainant”). Cliff Corlett appeared on behalf of the Arizona Registrar of Contractors (“Registrar”). Andy Kleiner, Esq. appeared on behalf of Titan Solar Power AZ Inc. (“Respondent”) with Julie Mauerer, Esq. and Tricia Gaya, Esq. as co-counselors, and Nathan Chokey, Berenice Sanchez, Gregory Fierros, Jeff Lakomy, Lauren Walter and Selene Mendez as witnesses.

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

EXHIBITS ADMITTED INTO EVIDENCE: N/A.

The undersigned Administrative Law Judge makes the following Findings of Fact and Conclusions of Law, and issues this Recommended Order to the Director of the Registrar.

FINDINGS OF FACT

Background and Procedure

On March 13, 2024, the Registrar referred this matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on May 13, 2024. Per the April 01, 2024, Notice of Hearing on Contested Case (“Notice of Hearing”) the issues to be determined are whether the Registrar has cause to discipline Respondent’s license based on the following alleged statutory violations:

Charge 1: A.R.S. § 32-1154(A)(3) – A.A.C. R4-9-108(a)

Charge 2: A.R.S. § 32-1154(A)(22)

The Notice of Hearing also included the following advisements to the parties:

Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

(Emphasis in original.)

Correspondence was not returned as undeliverable to Complainant.

Hearing Evidence

On May 13, 2024, though afforded a fifteen (15) minute grace period, Complainant failed to appear.

To date, there has been no correspondence received by OAH on behalf of Complainant to provide notice of unavailability, appear via alternative means, or continue.

No settlement is on file for this matter at OAH.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. The matter was properly brought before OAH.

The Registrar may resolve contractual disputes if such resolution in ancillary to its regulatory mission and may penalize a contractor’s license by ordering payment of restitution if a proven statutory violation was not remedied by corrective action.

Complainant bears the burden of proof to establish that the determination at issue was incorrectly and/or unlawfully issued by a preponderance of the evidence. Respondent bears the burden to establish factors in mitigation of the penalty and affirmative defenses by the same evidentiary standard.

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” A preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Ariz. Admin. Code R2-19-117 provides that if a party fails to appear at a hearing, the administrative law judge may vacate the hearing and return the matter to the agency for any further action.

Here, Complainant failed to appear without establishing good cause. As such, it must be concluded that Complainant defaulted his appearance.

Because Complainant failed to sustain his burden of proof in the matter, due to his defaulted appearance, Complaint No. 2023-08231 must be dismissed.

RECOMMENDED ORDER

Based on the foregoing,

IT IS RECOMMENDED that the Registrar dismiss Complaint No. 2023-08231.

NOTICE

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.

-54864001

001

-137160-45720000Done this day, May 15, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Floyd Michael Patten, Complainant

1915 Oliver Dr.

Bullhead, AZ 86442

[email redacted]

Andrew B. Kleiner, Esq.

Julie Maurer, Esq.

Husch Blackwell LLP, Counsel for Respondent

2415 E. Camelback Rd., Ste. 500

Phoenix, AZ 85016

[email redacted]

Titan Solar Power AZ Inc., Respondent

2222 E. Yeager Dr. Ste. 100

Chandler, AZ 85286

By: OAH Staff