ALJDEC - Licensing
2024A-08747-NPC-ROC · Registrar of Contractors · 2025-03-28
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Metro Concrete Arizona, LLC,
COMPLAINANT,
v.
McMaken Construction, LLC
License No. ROC 141916,
RESPONDENT.
No. 2024A-08747-NPC-ROC
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: January 7, 2025, with further hearing on March 25, 2025
APPEARANCES: On January 7, 2025, James Riggs appeared on behalf of Complainant Metro Concrete Arizona, LLC. On March 25, 2025, no one appeared on behalf of Complainant Metro Concrete Arizona, LLC. Andrew Peshek, Esq. represented Respondent McMaken Construction, LLC on both hearing dates. Mike McMaken and Ryan McMaken were present for the hearing on January 7, 2025. Ryan McMaken was present for the further hearing on March 25, 2025.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None
FINDINGS OF FACT
The hearing of this matter convened on January 7, 2025, at 10:30 a.m. James Riggs appeared on behalf of Metro Concrete Arizona, LLC (“Complainant”). Andrew Peshek, Esq. represented McMaken Construction, LLC (“Respondent”). Mike McMaken and Ryan McMaken were present for the hearing.
During the course of the hearing, after opening statements, Mr. Riggs requested that he be permitted the opportunity to retain counsel. Further, the hearing would have unlikely concluded in the allotted time. The Tribunal granted the request to set the matter for a further hearing. The Tribunal also urged the parties to engage in settlement discussions prior to a further hearing date.
On January 9, 2025, the Tribunal issued to the parties an Order Setting Further Hearing and Providing New Google Meet Information (“Order”). The Order provided the parties with the further hearing date and time of March 25, 2025, at 9:00 a.m., and with the Google Meet link to participate in the hearing. The Order also contained the following advisement: “THE PARTIES MUST USE THE GOOGLE MEET INFORMATION CONTAINED IN THIS ORDER.” The Order was sent to Complainant’s email address of record that has been used throughout the course of these proceedings.
On the date and time set for further hearing, Mr. Peshek appeared on behalf of Respondent, with Respondent’s representative Ryan McMaken. Complainant did not appear and there was no appearance made by an attorney on behalf of Complainant. The Tribunal provided a grace period for Complainant to appear. Complainant did not provide any cause for the absence or delay and did not request a continuance of the further hearing.
Respondent’s counsel made a motion to dismiss.
CONCLUSION OF LAW
By failing to appear at the further hearing, Complainant did not meet the burden to establish by a preponderance of the evidence the alleged violation(s) by Respondent of the charged provision(s) of this State’s contracting laws.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the 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, March 28, 2025.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by e-mail to:
Tom Cole
Registrar of Contractors
c/o Legal Department
[email redacted]
Andrew R. Peshek, Esq.
WONER HOFFMASTER PESHEK & GINTERT, PC
[email redacted]
[email redacted]
Mc Maken Construction, LLC
[email redacted]
Metro Concrete Arizona, LLC
[email redacted]
By: OAH Staff