ALJDEC - Licensing
2024A-03463-RFA-LS-ROC · Registrar of Contractors · 2025-07-17
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Alberto Figueroa Rosales,
COMPLAINANT,
v.
A-Z Restoration & Remodeling LLC
ROC License No. 345340,
RESPONDENT.
No. 2024A-03463-RFA-LS-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: July 17, 2025 at 1:00 PM.
APPEARANCES: Assistant Attorney General Charles Hover III, Esq. appeared on behalf of the Arizona Registrar of Contractors (“Registrar”) with Meridith Bell as a witness. Alberto Figueroa Rosales (“Complainant”) appeared on his own behalf. No appearance(s) by or on behalf of A-Z Restoration & Remodeling LLC (“Respondent”).
ADMINISTRATIVE LAW JUDGE: Jenna Clark.
EXHIBITS ADMITTED INTO EVIDENCE: N/A.
FINDINGS OF FACT
Background and Procedure
Administrative Notice is taken of docket histories of Case No. 2024A-03463-CHC-ROC and Case No. 2024A-03463-RFA-LS-ROC pursuant to Arizona Administrative Code (“Ariz. Admin. Code”) R4-9-117.
On June 05, 2024, the Registrar referred Case No. 2024A-03463-CHC-ROC to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on August 01, 2021, to determine whether the Registrar had cause to discipline Respondent’s contracting license based on alleged violation(s) of Arizona Revised Statutes (“Ariz. Rev. Stat.”) §§ 32-1154(A)(2)(b), 32-1154(3); Ariz. Admin. Code R4-9-108(C), 32-1154(9)(a), 32-1154 (12); Ariz. Rev. Stat § 32-1158, and 32-1154(22).
On August 21, 2024, OAH issued a Recommended ALJ Decision to the Registrar ordering, in pertinent part, suspension of ROC License No. 345340 for three (3) days for violating the aforementioned statutes, as well as the assessment of a five hundred dollar ($500.00) civil penalty pursuant to Ariz. Rev. Stat § 32-1154(E).
On September 17, 2024, the Registrar issued a Final Administrative Decision and Order (“Final Order”) affirming the Recommended ALJ Decision, effective October 27, 2024. The Final Order was not appealed by either party.
On or about February 2025, Complainant submitted a petition to the Registrar’s Residential Recovery Fund (“Fund”) seeking $58,320.00 to remediate his underlying project with Respondent.
On April 01, 2025, the Registrar issued a $30,000.00 Notice of Administrative Award to Complainant pursuant to Ariz. Rev. Stat § 32-1132.01(B)(1-2).
On May 05, 2025, the Registrar received a timely appeal on behalf of Respondent. Complainant did not submit an appeal.
On June 04, 2025, the Registrar issued a Notice of Hearing on Appealable Agency Action (“Notice of Action”), which referred the above-captioned matter to OAH to determine whether Complainant’s proposed award from the Fund was properly calculated and appropriately issued pursuant to Ariz. Rev. Stat. §§ 32-1132 to 32-1133.01 and 32-1154(F), as justified by the evidence. Correspondence was not returned as undeliverable to Respondent.
On June 13, 2025, OAH received Complainant’s proposed hearing exhibits.
On July 10, 2025, OAH received the Registrar’s disclosure statement and proposed hearing exhibits.
OAH never received a disclosure statement and/or proposed hearing exhibits by or on behalf of Respondent.
Hearing Evidence
On July 17, 2025, though afforded a fifteen (15) minute grace period, Respondent, the moving party in the instant action, failed to appear. As such, the hearing record was not opened and no evidence was offered.
No correspondence was received on behalf of Respondent to provide notice of unavailability, appear via alternative means, or continue.
CONCLUSIONS OF LAW
This matter lies within the Registrar’s jurisdiction. The matter was properly brought before OAH.
The Notice of Action the Registrar mailed to Respondent’s address of record is sufficient, and Respondent is deemed to have received notice of the instant proceedings. Because OAH mailed all correspondence to Respondent in the same manner and failed to receive any mail returned as undeliverable, Respondent is deemed to have received all correspondence regarding this matter from OAH as well.
The burden of proof at an administrative hearing falls upon the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is that of a preponderance of the evidence. In this case, Respondent bears the burden of proof to establish that the determination at issue was incorrectly and/or unlawfully issued.
A preponderance of the evidence means ‘proof which leads the [trier of fact] to find that the existence of the contested fact is more probable than its nonexistence.
Ariz. Admin. Code R2-19-117 provides that if a party fails to appear at a hearing, the administrative law judge may vacate the hearing and return the matter to the agency for any further action.
Here, Respondent failed to appear without establishing good cause. As such, it must be concluded that Respondent defaulted its appearance.
Because Respondent failed to sustain its burden of proof in the matter, due to their defaulted appearance, the underlying appeal is subject to dismissal.
ORDER
In light of the foregoing,
IT IS ORDERED that the Registrar dismiss Respondent’s appeal, without prejudice.
IT IS FURTHER ORDERED that the Registrar affirm the $30,000.00 Notice of Administrative Award issued to Complainant on April 01, 2025.
IT IS FURTHER ORDERED that any pending motions in this matter be dismissed as moot.
NOTICE
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 Final Order will be forty (40) days from the date of that certification.
Done this day, July 21, 2025.
Office of Administrative Hearings
/s/ Jenna Clark
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
c/o Meridith Bell, Legal Department
Registrar of Contractors
1700 W. Washington St., Ste. 105
Phoenix, AZ 85007
[email redacted]
[email redacted]
Charles Hover III, Esq., Assistant Attorney General
Office of the Attorney General
Licensing and Enforcement Section
2005 N. Central Ave.
Phoenix, AZ 85004-1592
[email redacted]
Alberto Figueroa Rosales, Complainant
4780 W. Ann Rd. Ste. 5173
North Las Vegas, NV 89031
[email redacted]
A-Z Restoration & Remodeling LLC, Respondent
c/o Jesus Anthony Cano Castillo, Agent
2156 W. Ivar Rd.
San Tan Valley, AZ 85142
[email redacted]
By: OAH Staff