ALJDEC - Licensing

2024A-10149-CHC-ROC · Registrar of Contractors · 2025-01-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

William David Durham,

COMPLAINANT,

v.

DG Concrete, LLC

License No. ROC 348584,

RESPONDENT.

No. 2024A-10149-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 6, 2025

APPEARANCES: Complainant William David Durham did not appear. Dekni Gonzales appeared on behalf of Respondent DG Concrete, LLC. Arizona Registrar of Contractors Investigator Daniel Otero appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The Arizona Registrar of Contractors (“Registrar”) issued the Notice of Hearing for this matter on November 26, 2024, via U.S. mail and via email to the parties’ respective mailing and email addresses of record with the Registrar, advising of the hearing date and time of January 6, 2025, at 1:00 p.m.

Also on November 26, 2024, the Tribunal issued to the parties at their respective email addresses of record, an Order Setting Hearing Via Google Meet. That Order contained the information to appear for the hearing by video or by phone.

On the date and time set for hearing, the Tribunal waited approximately fifteen (15) minutes beyond the scheduled start time, however, Complainant failed to appear at the hearing either in person, by video, or by phone. Complainant did not request a continuance of the hearing and did not contact the Office of Administrative Hearings to indicate any cause for the absence or delay.

Respondent’s representative made a motion to dismiss.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence the alleged violations by Respondent of the charged provisions 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 Registrar’s 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, January 10, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

[email redacted]

Daniel Otero

[email redacted]

William David Durham

[email redacted]

DG Concrete, LLC

[email redacted]

By: OAH Staff