ALJDEC decisions subject to certification as final
2023A-11471-RFA-LS-ROC · Registrar of Contractors · 2026-06-11
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Frances Anne Bailey,
COMPLAINANT,
v.
European Granite and Remodeling LLC
License No. ROC 300754,
RESPONDENT.
No. 2023A-11471-RFA-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: June 4, 2026 at 9:00am
APPEARANCES: Marian Bujor appeared on behalf of Respondent European Granite and Remodeling, LLC. Assistant Attorney General Mona Baskin appeared on behalf of the Arizona Registrar of Contractors with witness Shakira Adubule. No one appeared on behalf of Complainant.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
FINDINGS OF FACT
The Arizona Registrar of Contractors (“Registrar”) referred the above-aforementioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
On January 15, 2026, the Registrar issued a Notice of Hearing, setting an initial hearing at 9:00am on February 26, 2026. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.
On February 10, 2026, the Registrar requested to continue the hearing date due to unavailability the day of the hearing for being out of town. Later that day, Frances Anne Bailey (“Complainant”) requested a continuance because she would be out of town, as well, and requested that the hearing be rescheduled to May 2026.
The Motions were granted. On February 18, 2026, this Administrative Law Judge (“ALJ”) issued an Order with the new scheduled hearing date of May 5, 2026 at 9:00am.
On March 29, 2026, Complainant requested a continuance and requested that the hearing be rescheduled at the end of May 2026 because she was planning to have an expert witness at the hearing and needed time to make arrangements.
The Motion was granted. On April 14, 2026, this ALJ issued an Order with the new scheduled hearing date of June 4, 2026 at 9:00am.
On May 29, 2026, Complainant filed a Motion to Continue the June 4, 2026 hearing reasoning that she needed more time to schedule a witness and that she had a few trips planned and asked that the matter be set at the end of August or September 2026. Ms. Baskin was not included in Complainant’s motion.
On June 2, 2026, Complainant called OAH and inquired about the status of her motion to continue the hearing. Shortly thereafter, this ALJ made a party contact with all parties which included Complainant’s May 29, 2026 continuance motion. Later that day, Ms. Baskin responded to Complainant's motion objecting to the continuance because it was filed untimely and failed to present good cause to continue the matter.
On June 3, 2026, this ALJ issued an Order Denying Continuance and referred all parties to the April 14, 2026 Order Granting Continuance and Google Meet Link for Virtual Appearance to participate in the June 4, 2026 hearing.
Complainant failed to appear at the hearing by 9:17am on June 4, 2026 and consequently, the matter was not convened and no evidence was taken. On June 4, 2026 at 3:42pm, OAH received a communication from Complainant in regards to the missed hearing stating in part that she “only received notification of this denial late on June 3.”
CONCLUSIONS OF LAW
The Notice of Hearing that the Registrar mailed to Complainant at its address and email address of record and the OAH orders emailed were reasonable and Complainant is deemed to have received notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).
Complainant acknowledged in her June 4, 2026 email communication that she received the Order Denying Continuance on June 3, 2026. However, Complainant chose not to appear. By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. Furthermore, Complainant’s motion to continue the hearing was filed untimely, Complainant filed a request for fair hearing back in January 2026 which was plenty of time to secure a witness, and there was no good cause provided by Complainant for missing the hearing. Pursuant to rule, this ALJ may vacate the matter and return it back to the Registrar.
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.
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.
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-137160-45720000Done this day, June 11, 2026.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
[email redacted]
Mona Baskin Esq.
Office of the Attorney General
Licensing & Enforcement Section
[email redacted]
[email redacted]
European Granite and Remodeling LLC
[email redacted]
Frances Anne Bailey
[email redacted] By: OAH Staff