ALJDEC decisions subject to certification as final
2024A-02362-RFA-LS-ROC · Registrar of Contractors · 2025-03-30
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Tim Foster,
COMPLAINANT,
v.
Top Notch Homes LLC
License No. ROC 338447,
RESPONDENT.
No. 2024A-02362-RFA-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: March 26, 2025 at 3:00pm
APPEARANCES: Tim Foster, Complainant. Mona Baskin, Attorney Representative on behalf of the Registrar of Contractors with Erika Hoskin as a witness.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
FINDINGS OF FACT
The Registrar referred the above-aforementioned matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing.
The Registrar issued a Notice of Hearing, setting a hearing at 3:00pm on March 26, 2025. The Registrar mailed copies of the Notice of Hearing to Respondent at its address and email address of record.
On February 28, 2025, a Google Meet Order from the Office of Administrative Hearings advised the parties on how to connect to the hearing via Google Meet.
Respondent failed to appear at the hearing by 3:16pm and consequently, the matter was not convened and no evidence was taken.
CONCLUSIONS OF LAW
The Notice of Hearing that the Registrar mailed to Respondent at its address and email address of record was reasonable and Respondent is deemed to have received notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).
By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of its appeal. See Ariz. Admin. Code R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Respondent’s appeal/request for hearing be dismissed.
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, March 30, 2025.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
1700 W. Washington Street, Suite 105
Phoenix, AZ 85007
[email redacted]
Tim Foster
7485 Cave View Rd
FLAGSTAFF, AZ 86004
[email redacted]
Top Notch Homes LLC
10220 Stardust Trl.
FLAGSTAFF, AZ 86004
[email redacted]
Mona Baskin, Assistant Attorney General
Licensing and Enforcement Section
[email redacted]
By: OAH Staff