ALJDEC decisions subject to certification as final

2023A-14648-RFA-LS-ROC · Registrar of Contractors · 2025-05-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael F. and Elizabeth R. Smith,

COMPLAINANT

v.

Skylight Construction LLC

License No. ROC 327413,

RESPONDENT

No. 2023A-14648-RFA-LS-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 5, 2025

APPEARANCES: Complainant Michael F. and Elizabeth R. Smith appeared on their own behalf via Google Meet from the hospital. The Arizona Registrar of Contractors was represented by Assistant Attorney General Mona Baskin.

ADMINISTRATIVE LAW JUDGE: Adam D. Stone

EXHIBITS ADMITTED INTO EVIDENCE:

_____________________________________________________________________

FINDINGS OF FACT

On January 27, 2025, the Arizona Registrar of Contractors (Registrar) issued its Notice of Administrative Award in the amount of $30,000.00 to be awarded to Complainant.

On February 12, 2025, Respondent requested a hearing, and a hearing was set for May 5, 2025. A Notice of Hearing was sent by the Registrar to Respondent at his mailing and e-mail address of record on March 27, 2025. On April 4, 2025, the tribunal issued an Order containing the Google Meet information for the hearing, and mailed the same to Respondent at its e-mail and mailing address of record.

Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Respondent.

Teddi Quezada, Legal Assistant with the Registrar, testified that Respondent had no further contact with her or her office after the request for hearing on February 12, 2025.

CONCLUSIONS OF LAW

By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of its position that the Notice of Administrative Award was incorrect. See A.A.C. R2-19-119.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, that the Notice of Administrative Award be entered.

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.

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-137160-45720000Done this day, May 20, 2025.

/s/ Adam D. Stone

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Skylight Construction LLC

[email redacted]

Michael F. and Elizabeth R. Smith

[email redacted]

Mona Baskin Esq.

Office of the Attorney General

[email redacted]

By: OAH Staff