ALJDEC - Licensing

2023A-11582-CHC-ROC · Registrar of Contractors · 2024-03-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

JEFFREY GUNDRUM ,

COMPLAINANT

v.

AP Fiberglass Pools & Consulting LLC

License No. ROC 323411,

RESPONDENT

No. 2023A-11582-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 21, 2024

APPEARANCES: Complainant failed to appear. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Amy M. Haley

_____________________________________________________________________

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing at 9:00 a.m. on March 21, 2024 via Google Meet.

By 9:15 a.m., no representative for Complainant appeared.

By 9:15 a.m., no representative for Respondent appeared.

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 the Complaint, the Complaint is unsupported by evidence. Consequently, Complainant’s Complaint should be dismissed.

ORDER

IT IS ORDERED that Complainant’s Complaint is 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, March 27, 2024.

/s/ Amy M. Haley

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

JEFFREY GUNDRUM

42015 W HILLMAN DR,

MARICOPA, AZ 85138

[email redacted]

AP Fiberglass Pools & Consulting LLC

P O Box 12157

Scottsdale, AZ 85267

[email redacted]

By: OAH Staff