ALJDEC - Licensing

2023A-13869-CHC-ROC · Registrar of Contractors · 2024-12-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Thomas Hugh Hendrickson,

COMPLAINANT,

v.

OTH Remodeling, LLC

License Nos. ROC 340942, 340943,

RESPONDENT.

No. 2023A-13869-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 5, 2024

APPEARANCES: Neither Complainant nor Respondent appeared. Arizona Registrar of Contractors Investigator Mark Nipp was present.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The parties failed to appear for the scheduled hearing that was set to convene after three continuances had previously been granted in order to provide the parties the opportunity to resolve the matter in dispute.

The Tribunal waited twenty (20) minutes beyond the scheduled start time, however, neither party appeared, nor did they advise the Tribunal of any cause for the absence or delay, nor did they request another continuance. Investigator Mark Nipp had not had any communication from either party.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence, the alleged violations by Respondent of the charged provisions of the 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, December 10, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Mark Nipp

[email redacted]

OTH Remodeling, LLC

[email redacted]

Thomas Hugh Hendrickson

[email redacted]

By: OAH Staff