ALJDEC - Licensing

2024A-01283-NPC-ROC · Registrar of Contractors · 2024-05-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ferguson Enterprises, LLC,

COMPLAINANT,

v.

Aztec Plumbing, LLC

License No. ROC 298740,

RESPONDENT.

No. 2024A-01283-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 13, 2024

APPEARANCES: Complainant Ferguson Enterprises, LLC did not appear. Eric Linden appeared on behalf of Respondent Aztec Plumbing, LLC.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

Complainant failed to appear at the hearing notwithstanding proper notice.

The Tribunal waited approximately fifteen (15) minutes beyond the scheduled start time, however, no one appeared on behalf of Complainant.

Complainant did not contact the Office of Administrative Hearings to indicate and cause for the absence or delay, and did not request a continuance of the hearing.

Respondent’s representative made a motion to dismiss the Complaint filed in this matter.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not establish by a preponderance of the evidence the alleged violations of this State’s contracting laws as set forth in the filed Complaint and Citation issued in this matter.

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, May 16, 2024.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Ferguson Enterprises, LLC

[email redacted]

Aztec Plumbing, LLC

[email redacted]

By: OAH Staff