ALJDEC - Licensing
2023A-10116-CHC-ROC · Registrar of Contractors · 2023-12-27
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Zachery Nolte
Havoc LLC,
COMPLAINANT,
v.
New Level Construction, LLC
License No. ROC 337732,
RESPONDENT.
No. 2023A-10116-CHC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: December 22, 2023
APPEARANCES: Neither Complainant nor Respondent appeared. Arizona Registrar of Contractors Investigator James Carter appeared as a witness.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None
FINDINGS OF FACT
Both Complainant Zachery Nolte, Havoc LLC, and Respondent New Level Construction, LLC failed to appear at the hearing notwithstanding proper notice.
On November 3. 2023, the Arizona Registrar of Contractors issued the Notice of Hearing to the parties’ respective mailing and email addresses of record, advising the parties of the date and time of hearing, and that a Google Meet link for participation in the hearing would issue directly from the Office of Administrative Hearings.
Also on November 3, 2023, the Office of Administrative Hearings issued to the parties’ respective email addresses of record an Order containing the Google Meet link for participation in the hearing either by phone or video.
The Tribunal waited fifteen (15) minutes beyond the scheduled start time, however, neither party appeared. Neither party contacted the Office of Administrative Hearings to indicate any cause for the absence or delay, and neither party requested a continuance of the hearing.
CONCLUSION OF LAW
By failing to appear at the hearing, Complainant did not meet the burden of establishing by a preponderance of the evidence Respondent’s alleged violation(s) of this State’s contracting laws.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Arizona 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, December 27, 2023.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by e-mail to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
[email redacted]
New Level Construction, LLC
[email redacted]
Zachery Nolte
Havoc, LLC
[email redacted]
James Carter
[email redacted]
By: OAH Staff