ALJDEC - Licensing

2024A-00186-CHC-ROC · Registrar of Contractors · 2024-05-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Keith Spizzirri,

COMPLAINANT,

v.

Julius Painters LLC,

License No. ROC 339281,

RESPONDENT.

No. 2024A-00186-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 10, 2024

APPEARANCES: No person appeared for either Complainant or Respondent.

ADMINISTRATIVE LAW JUDGE: Kay A. Abramsohn

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

1. Complainant failed to appear at the noticed hearing that had been scheduled in response to his Complainant.

2. Respondent failed to appear at the noticed hearing that had been scheduled with regard to possible discipline on its ROC license.

CONCLUSIONS OF LAW

1. The burden of proof at an administrative hearing is generally upon the petitioner. Utah Construction Company v. Berg et al, 68 Ariz. 285, 205 P.2d 367 1949).

2. Based on Complainant’s failure to appear, he failed to present any evidence in regard to the matter and, therefore, Complainant’s Complaint should be dismissed.

RECOMMENDED ORDER

IT IS ORDERED Complainant’s Complaint 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, May 30, 2024.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Tom Cole

Registrar of Contractors

c/o Legal Department

[email redacted]

Robert Di alto

[email redacted]

Keith Spizzirri

[email redacted]

Julius Painters LLC

[email redacted]

By: OAH Staff