ALJDEC - Licensing

2023A-12010-LDA-LS-ROC · Registrar of Contractors · 2024-01-02

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors,

COMPLAINANT

v.

Heliosun LLC

DBA: Odin

License No. ROC 321793,

RESPONDENT

No. 2023A-12010-LDA-LS-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 18, 2023

APPEARANCES: Mona Baskin, Esq., Assistant Attorney General, represented the Arizona Registrar of Contractors. No representative for Heliosun LLC appeared.

ADMINISTRATIVE LAW JUDGE: Brian Del Vecchio

EXHIBITS ADMITTED INTO EVIDENCE:

FINDINGS OF FACT

The above-captioned matter was set to convene for hearing at 9:00 a.m. on December 18, 2023, at the Office of Administrative Hearings in Phoenix, Arizona.

No representative for Respondent appeared by 9:15 a.m. and consequently, the matter was not convened and no evidence was taken.

The copy of the Notice of Hearing that the Registrar mailed to Respondent at its address of record was reasonable and Respondent is deemed to have received notice of the hearing. A.R.S. §§ 41-1092.04 and 41-1092.05(D).

In addition on November 14, 2023, the tribunal issued its Order for Google Meet which was e-mailed to Respondent’s email address of record.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19-119.

Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Complainant’s appeal should be dismissed.

ORDER

IT IS ORDERED that Complainant’s appeal 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, January 2, 2024.

/s/ Brian Del Vecchio

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Mona Baskin

Office of the Attorney General

Licensing & Enforcement Section

[email redacted]

Heliosun LLC

DBA: Odin

[email redacted]

By: OAH Staff