ALJDEC - Licensing

2023A-12448-CHC-ROC · Registrar of Contractors · 2024-06-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ddaze Phuong,

COMPLAINANT,

v.

Beebe Plumbing, Inc.

DBA: Beebe Brothers Plumbing

License No. ROC 085405,

RESPONDENT.

No. 2023A-12448-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: June 10, 2024

APPEARANCES: Complainant Ddaze Phuong did not appear. Terry Ruffing appeared on behalf of Respondent Beebe Plumbing, Inc., doing business as Beebe Brothers Plumbing. Registrar of Contractors Investigator Robert Di Alto appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

Complainant failed to appear at the hearing.

The Tribunal waited approximately fifteen (15) minutes beyond the scheduled start time, however, Complainant did not appear either personally or through an attorney, nor did Complainant notify the Tribunal of any cause for the absence or delay, and did not request a continuance of the hearing.

Respondent’s representative, Terry Ruffing, made a motion to dismiss the Complaint.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence, Respondent’s alleged violations of the charged provisions of this State’s contracting laws.

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.

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, June 13, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Beebe Plumbing, Inc.

DBA: Beebe Brothers Plumbing

[email redacted]

Ddaze Phuong

[email redacted]

Robert Di Alto

[email redacted]

By: OAH Staff