ALJDEC - Licensing

2024A-10196-NPC-ROC · Registrar of Contractors · 2025-01-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Desert Pools Renovation, LLC,

COMPLAINANT

v.

Aqua Group LLC

License No. ROC 311651,

RESPONDENT

No. 2024A-10196-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 6, 2025 at 9:00am

APPEARANCES: Complainant did not appear. Daniel Henderson, on behalf of Respondent.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

FINDINGS OF FACT

The Registrar referred the above-aforementioned 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 9:00am on January 6, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.

On December 5, 2024, a Google Meet Order from the Office of Administrative Hearings advised the parties on how to connect to the hearing via Google Meet.

Complainant failed to appear at the hearing by 9:16am and consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

The Notice of Hearing that the Registrar mailed to Complainant at its address and email address of record was reasonable and Complainant is deemed to have received the Notice of Hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).

By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See Ariz. Admin. Code R2-19-119.

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, January 22, 2025.

/s/ Nicole Robinson

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

c/o Legal Department

1700 W. Washington Street, Suite 105

Phoenix, AZ 85007

[email redacted]

DESERT POOLS RENOVATION, LLC

9330 W McDowell Rd Apt 3124

Phoenix, AZ 85037

[email redacted]

Aqua Group LLC

26618 N 59th Dr.

Phoenix, AZ 85083

[email redacted]

By: OAH Staff