ALJDEC - Licensing

2023A-11255-NPC-ROC · Registrar of Contractors · 2024-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sosa Roofing, LLC,

COMPLAINANT,

v.

Gentry Estates, LLC

License No. ROC 278337,

RESPONDENT.

No. 2023A-11255-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 28, 2023

APPEARANCES: Neither Complainant nor Respondent appeared.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

Both Complainant Sosa Roofing, LLC and Respondent Gentry Estates, LLC failed to appear at the hearing notwithstanding proper notice.

On November 8, 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 8, 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, January 2, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by e-mail to:

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Sosa Roofing, LLC

[email redacted]

Gentry Estates, LLC

[email redacted]

By: OAH Staff