Vacate

2024A-07963-NPC-ROC · Registrar of Contractors · 2024-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Classic Systems Inc.,

COMPLAINANT,

v.

The Grizzly Difference Windows and Doors LLC,

ROC License No. 346593,

RESPONDENT.

No. 2024A-07963-NPC-ROC

ORDER VACATING

HEARING

On October 03, 2024, the Arizona Registrar of Contractors issued a Notice of Hearing on Contested Case (“Notice of Hearing”) in the above-captioned matter which set an administrative hearing before the Arizona Office of Administrative Hearings (“OAH”), an independent state agency, at 1:00 p.m. on Thursday, November 14, 2024. Correspondence was not returned as undeliverable to Complainant.

On October 08, 2024, OAH issued a Hearing Order to the parties that provided remote participation information; specifically, teleconference and videoconference information. Correspondence was not returned as undeliverable to Complainant.

On November 14, 2024, at the time scheduled for hearing, Daniel Papp appeared remotely on behalf of Respondent. Although afforded an approximate twelve (12) minute grace period, there was no appearance by or on behalf of Complainant. No written request was received by or on behalf of Complainant to continue or appear via alternative means.

There is no settlement on file for this case at OAH.

Ariz. Admin. Code R2-19-119(B)(1) provides that the party asserting a claim, right, or entitlement has the burden of proof by a preponderance of the evidence.

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.

Because Complainant failed to appear without establishing good cause, Complainant is deemed to have defaulted its appearance. As such, Complainant’s appeal must be dismissed. Therefore,

IT IS ORDERED that the Registrar dismiss and close Complaint No. 2024-07963, without prejudice.

Done this day, November 15, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

The Grizzly Difference Windows and Doors LLC, Respondent

c/o Daniel Papp, Agent

P.O. Box 1502

Higley, AZ 85236

[email redacted]

Classic Systems Inc., Complainant

c/o Christopher Hoffarth, Agent

7623 N. 67th Ave., Ste. 309

Glendale, AZ 85301

[email redacted]

By: OAH Staff