ALJDEC decisions subject to certification as final
2024A-10508-RFA-LS-ROC · Registrar of Contractors · 2025-07-16
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
Glen McCracken,
COMPLAINANT,
v.
Found IC, LLC
DBA: Elevation Closets,
License No. ROC 337985,
RESPONDENT.
No. 2024A-10508-RFA-LS-ROC
ADMINISTRATIVE LAW
JUDGE DECISION
HEARING: July 9, 2025
APPEARANCES: Complainant Glen McCracken failed to appear. Respondent Found IC, LLC, doing business as Elevation Closets failed to appear. Assistant Attorney General Charles Hover III represented the Arizona Registrar of Contractors. Madelyn Hayes appeared as a witness for the Arizona Registrar of Contractors.
ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella
EXHIBITS ADMITTED INTO EVIDENCE: None
FINDINGS OF FACT
Complainant failed to appear at the hearing that was noticed for July 9, 2025, at 1:00 p.m.
On July 9, 2025, at 1:38 p.m., Complainant filed a Motion to Continue with the Office of Administrative Hearings that stated:
Hello, I need to ask to change the court date. I had an original date but nobody showed up for that date and a new date was emailed to me. I am out of town and can show proof to that claim Can we schedule for sometime after Aug 3, 2025?
Thank you for your help.
This matter was originally set for hearing on June 16, 2025, at 9:00 a.m., pursuant to a Notice of Hearing issued by the Arizona Registrar of Contractors (“Registrar”), pursuant to Complainant’s request for hearing.
On June 9, 2025, counsel for the Registrar filed a Motion to Continue the June 16, 2025 hearing date due to a scheduling conflict.
On June 11, 2025, Complainant filed an objection to the Motion to Continue via email to the Office of Administrative Hearings.
On June 12, 2025, the Tribunal issued to the parties an Order Granting Continuance and Setting Hearing Via Google Meet. That Order was issued to Complainant’s email address of record which is the same email address Complainant has used throughout these proceedings, [email redacted]. The Order advised the parties of the continued hearing date and time of July 9, 2025, at 1:00 p.m., and contained the correct Google Meet information to participate in the hearing either by video or by phone.
On July 9, 2025, at 1:00 p.m., Assistant Attorney General Charles Hoover III represented the Registrar. Madelyn Hayes appeared as a witness for the Registrar. Neither Complainant nor Respondent appeared for the hearing. The Tribunal provided a ten (10) minute grace period for either party to appear, prior to convening the hearing. Neither party provided any cause for the absence or delay.
The hearing convened at 1:10 p.m., and proceeded in the parties’ absence.
Mr. Hover made a Motion to Dismiss Complainant’s appeal of the denial of his Recovery Fund Claim.
Thirty-eight minutes after the hearing was scheduled to convene, and after the hearing had concluded, Complainant filed a Motion to Continue with no explanation as to why the Motion was untimely filed, given that the Order containing the new hearing date and time was emailed to Complainant on June 12, 2025, and no explanation as to why Complainant could not appear by video or phone for the hearing as it was set via Google Meet, regardless of Complainant being out of town. Complainant acknowledged receiving the notice for the continued hearing date, stating “a new date was emailed to me.”
On July 10, 2025, Complainant’s Motion to Continue was denied, no good cause appearing.
CONCLUSION OF LAW
As the party asserting a claim, right, or entitlement, Complainant bears the burden to establish by a preponderance of the evidence, that the Registrar improperly or contrary to law, denied his Recovery Fund claim. By failing to appear at the hearing, Complainant did not meet that burden.
RECOMMENDED ORDER
Based on the foregoing, it is recommended that on the effective date of the Registrar’s Order, Complainant’s appeal be dismissed.
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.
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-137160-45720000Done this day, July 16, 2025.
/s/ Sondra J. Vanella
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile to:
Tom Cole, Director
Registrar of Contractors
Glen McCracken
[email redacted]
Found IC, LLC
DBA: Elevation Closets
[email redacted]
[email redacted]
Charles S. Hover, III
Assistant Attorney General
[email redacted]
By: OAH Staff