ALJDEC - Licensing

2024A-14084-NPC-ROC · Registrar of Contractors · 2025-12-12

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Southwest Mobile Storage Inc.,

COMPLAINANT,

v.

Madero Plumbing, LLC

ROC License No. 328720,

RESPONDENT.

No. 2024A-14084-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 12, 2025, at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of Southwest Mobile Storage Inc. (“Complainant”). No appearance(s) by or on behalf of Madero Plumbing, LLC (“Respondent”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

EXHIBITS ADMITTED INTO EVIDENCE: N/A.

FINDINGS OF FACT

On April 16, 2025, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) setting the above-captioned matter for evidentiary hearing before the Office of Administrative Hearings (“OAH”), an independent state agency located in Phoenix, Arizona, on May 29, 2025, to address the issue of whether the Registrar had grounds to take disciplinary action against ROC License No. 328720 for an alleged violation of Arizona Revised Statute (“Ariz. Rev. Stat.”) § 32-1154(A)(10). The Notice of Hearing included the following advisement:

Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in person.

(Emphasis in original.)

On April 16, 2025, the Tribunal issued a Hearing Order that provided the parties with videoconference and teleconference participation information. Correspondence was not returned as undeliverable to either party.

On May 29, 2025, Respondent submitted a Motion to Continue, which was granted by the Tribunal.

On May 31, 2025, the Tribunal issued an Order Granting Continuance which reset the above-captioned matter for continued hearing on June 23, 2025, at 1:00 p.m. The Order included videoconference and teleconference participation information for the parties. Correspondence was not returned as undeliverable to either party.

On June 17, 2025, the parties submitted a Stipulated Motion to Continue, which was granted by the Tribunal.

On June 18, 2025, the Tribunal issued an Order Granting Continuance which reset the above-captioned matter for a Status Update due on October 01, 2025. Correspondence was not returned as undeliverable to either party.

On October 03, 2025, Complainant submitted a request for the above-captioned matter to be set for continued hearing.

On October 05, 2025, the Tribunal issued an Order Granting Continuance which reset the above-captioned matter for continued hearing on December 12, 2025, at 9:00 a.m. The Order included videoconference and teleconference participation information for the parties. Correspondence was not returned as undeliverable to either party.

At the time of the continued hearing on December 12, 2025, although afforded a fifteen (15) minute grace period, Complainant failed to appear. Consequently, the hearing was not convened, and no evidence was taken.

Complainant did not request to continue this matter or request to appear via alternative means.

There is no settlement on file with OAH for this matter.

To date, OAH has not receive any correspondence by or on behalf of Complainant regarding its failure to appear for continued hearing.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. The matter was properly brought before OAH.

The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by a preponderance of the evidence.

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.

By failing to appear or timely request a continuance of hearing, the evidence supports a conclusion that Complainant abandoned the underlying complaint.

RECOMMENDED ORDER

In light of the foregoing,

IT IS RECOMMENDED that the Director of the Registrar dismiss Complaint No. 2024-14084, without prejudice.

NOTICE

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, December 15, 2025.

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]

Southwest Mobile Storage Inc., Complainant

c/o Daniel Alday, Agent

1005 N. 50th St.

Phoenix, AZ 85008

[email redacted]

[email redacted]

[email redacted]

Madero Plumbing, LLC, Respondent

c/o Jovita Mora, Agent

12771 W. Snyder Hill Rd.

Tucson, AZ 85735

[email redacted]

[email redacted]

By: OAH Staff