ALJDEC - Licensing

2024A-04591-NPC-ROC · Registrar of Contractors · 2024-07-25

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Quite Builders Inc,

COMPLAINANT

v.

McCurdy Construction LLC

License No. ROC 322920,

RESPONDENT

No. 2024A-04591-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 22, 2024

APPEARANCES: Complainant failed to appear. Respondent failed to appear.

ADMINISTRATIVE LAW JUDGE: Amy M. Haley

FINDINGS OF FACT

The Registrar referred the 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 1:00 p.m. on July 22, 2024. The Registrar mailed copies of the Notice of Hearing to Complainant and Respondent at its address and email address of record. A June 5, 2024 order from the Office of Administrative Hearings advised the parties of how to connect to the hearing via Google Meet.

Neither Complainant nor Respondent requested that the hearing be continued. Although the start of the hearing was delayed 15 minutes, neither party appeared through an authorized member, employee, or attorney. Consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence.

Because Complainant failed to appear and prosecute the complaint, the complaint is unsupported by evidence. Consequently, Complainant’s complaint should be dismissed.

RECOMMENDATION

IT IS RECOMMENDED that 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, July 25, 2024.

/s/ Amy M. Haley

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

By: OAH Staff