ALJDEC - Licensing

2023A-11798-NPC-ROC · Registrar of Contractors · 2024-04-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Heat Wave Electrical Services LLC,

COMPLAINANT

v.

AP Fiberglass Pools & Consulting LLC

License No. ROC 323411,

RESPONDENT

No. 2023A-11798-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: March 21, 2024. 1:00 P.M.

APPEARANCES: No appearance was made on behalf of Complainant; no appearance was made on behalf of Respondent

ADMINISTRATIVE LAW JUDGE: Roger A. Geddes

EXHIBITS ADMITTED INTO EVIDENCE: None Submitted

_____________________________________________________________________

FINDINGS OF FACT

Background and Procedure

1. Neither Complainant nor Respondent appeared at the hearing.

2. A copy of the Minute Entry – Granting Continuance was sent to the parties on January 12, 2024, at their email addresses of record.

3. Although the commencement of the hearing was delayed approximately 15 minutes, neither party appeared at any time through an attorney or any other person. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action.

CONCLUSIONS OF LAW

1. The copy of the Minute Entry – Granting Continuance emailed to Complainant at his address of record was reasonable and Complainant is deemed to have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).

2. 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 these matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-19-119. By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, that the Citation and Complaint in Case No. 2023A-11798 shall 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, April 10, 2024.

/s/ Roger Geddes

Administrative Law Judge

Transmitted electronically to:

Tom Cole

Director

Registrar of Contractors

c/o Legal Department

[email redacted]

AP Fiberglass Pools & Consulting LLC

P O Box 12157

Scottsdale, AZ 85267

[email redacted]

Heat Wave Electrical Services LLC

4722 W Country Gables Dr

Glendale, AZ 85306

[email redacted]

By: OAH Staff