ALJDEC - Licensing

2023A-11752-NPC-ROC · Registrar of Contractors · 2024-02-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Derek Ryan Ross,

COMPLAINANT,

v.

Gary Michael Unjian

DBA: Code Blue Pools

License No. ROC 263923,

RESPONDENT.

No. 2023A-11752-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: February 7, 2024

APPEARANCES: Neither Complainant nor Respondent appeared.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

Complainant and Respondent failed to appear for the hearing. The Tribunal waited fifteen (15) minutes beyond the scheduled start time, and no one appeared on behalf of either Complainant or Respondent and neither requested a continuance of the hearing or provided any cause for the absence or delay.

CONCLUSIONS 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. See A.A.C. R2-19-119.

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, February 14, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Gary Michael Unjian

DBA: Code Blue Pools

[email redacted]

Derek Ryan Ross

[email redacted]

By: OAH Staff