ALJDEC - Licensing

2023A-09204-NPC-ROC · Registrar of Contractors · 2023-11-06

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Winsupply Tempe AZ Co.,

COMPLAINANT

v.

5 Alarm Master Fire Protection, L.L.C.

License No. ROC 286527,

RESPONDENT

No. 2023A-09204-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 2, 2023

APPEARANCES: Mike Grantham Jr. appeared on behalf of Respondent 5 Alarm Master Fire Protection, LLC. Complainant Winsupply Tempe AZ Co. did not appear.

ADMINISTRATIVE LAW JUDGE: Amy M. Haley

_____________________________________________________________________

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing at 9:00 AM on November 2, 2023, via Google Meet with the Office of Administrative Hearings in Phoenix, Arizona.

No representative for Complainant appeared or provided a telephone number at which they could be reached by 9:00 AM, and consequently, the matter was not convened and no evidence was taken.

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.

Because Complainant failed to appear and prosecute its complaint, the complaint is unsupported by evidence.

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 6, 2023.

/s/ Amy M. Haley

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

[email redacted]

Winsupply Tempe AZ Co

[email redacted]

5 Alarm Master Fire Protection, L.L.C.

[email redacted]

By: OAH Staff