ALJDEC - Licensing

2023A-08643-CHC-ROC · Registrar of Contractors · 2024-05-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Gary Wibbenhorst,

COMPLAINANT

v.

Magic Matt's Pools LLC

License No. ROC 330574,

RESPONDENT

No. 2023A-08643-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: April 26, 2024

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

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

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, May 6, 2024.

/s/ Tammy L. Eigenheer

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Gregory Johndrow

[email redacted]

Gary Wibbenhorst

[email redacted]

Magic Matt's Pools LLC

[email redacted]

By: OAH Staff