Vacate

2023A-09898-NPC-ROC · Registrar of Contractors · 2023-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Five Star Concrete Services Inc.,

COMPLAINANT,

v.

Paratrooper Plumbing LLC

ROC License No. 335618,

RESPONDENT.

No. 2023A-09898-NPC-ROC

ORDER VACATING

HEARING

On October 23, 2023, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case (“Notice”) in the above-captioned matter which set a hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 1:00 p.m. on December 08, 2023. The Notice noted, in pertinent parts, as follows:

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

The complaint and citation allege that the Respondent committed the following act(s): Charge 1: A.R.S. § 32-1154(A)(10).

(Emphasis in original.)

Correspondence was not returned as undeliverable to the parties.

On October 23, 2023, OAH issued an Order Setting Hearing Via Google Meet to the parties, which included teleconference and videoconference participation information. Correspondence was not returned as undeliverable to the parties.

On December 08, 2023, though afforded a fifteen (15) minute grace period, Complainant failed to appear. No correspondence was received 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.

The Registrar has jurisdiction over this matter pursuant to Ariz. Rev. Stat. §§ 32-1101 et seq. The matter was properly brought before OAH pursuant to Ariz. Rev. Stat. §§ 41-1092 et seq.

Complainant bears the burden of proof in this matter.

Ariz. Admin. Code R2-19-117 provides that if a party with the burden of proof 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 its appearance.

Therefore,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4), this matter is vacated from OAH’s calendar and is remanded to the referring agency for further action, if any.

IT IS FURTHER ORDERED that the Registrar dismiss Complaint No. 2023-09898, without prejudice.

Done this day, December 08, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Tom Cole, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Paratrooper Plumbing, LLC

31424 N. Candlewood Dr.

San Tan Valley, AZ 85143

[email redacted]

Five Star Concrete Services, Inc.

9299 W. Olive Ave., Suite 812

Peoria, AZ 85345

[email redacted]

By: OAH Staff