ALJDEC - Licensing
2024A-07443-NPC-ROC · Registrar of Contractors · 2025-02-18
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Az Crane By Nichols, LLC,
COMPLAINANT,
v.
LANDO DEVELOPMENT, LLC
License No. ROC 339047,
RESPONDENT.
No. 2024A-07443-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 11, 2025
APPEARANCES: Neither Complainant nor Respondent appeared.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None
FINDINGS OF FACT
The hearing of this matter was initially scheduled to convene on October 29, 2024, at 8:00 a.m. On the date and time set for hearing, Matt Nichols appeared on behalf of Complainant AZ Crane By Nichols, LLC. Orlando Ramirez appeared on behalf of Respondent Lando Development, LLC.
The parties participated in a prehearing discussion outside of the presence of the Administrative Law Judge. Following that discussion, the parties advised the Tribunal that they had entered into a settlement agreement, however, needed additional time in which to execute their agreement. The matter was continued and set for a written Status Update on November 12, 2024.
Based on the Status Update filed by Complainant on November 18, 2024, this matter was set for an additional Status Update on January 6, 2025.
On January 13, 2025, Complainant submitted a Status Update indicating that the matter had not been resolved. Consequently, on January 14, 2025, the Tribunal issued to the parties an Order Granting Continuance and Setting Hearing Via Google Meet, advising of the continued hearing date and time of February 11, 2025, at 9:00 a.m. The Order contained the Google Meet information for the parties to participate in the hearing either by video or by phone, and was sent to the parties’ respective email addresses of record that have been used throughout the course of these proceedings.
Both Complainant and Respondent failed to appear at the continued hearing. The tribunal waited twenty (20) minutes beyond the scheduled start time, however neither party appeared and neither party provided any cause for their absence or delay and did not request a further continuance of the hearing.
CONCLUSION OF LAW
By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence, Respondent’s allegation violation(s) of this State’s contracting laws. See A.A.C. R2-19-119.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Arizona 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, February 18, 2025.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by e-mail to:
Tom Cole, Director
Registrar of Contractors
c/o Legal Department
[email redacted]
LANDO DEVELOPMENT, LLC
[email redacted]
Az Crane By Nichols, LLC
[email redacted]
By: OAH Staff