ALJDEC - Licensing

2025A-02691-CHC-ROC-RHG · Registrar of Contractors · 2025-12-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Derek Barton,

COMPLAINANT,

v.

First Opinion HVAC, LLC

License No. ROC 351330,

RESPONDENT.

No. 2025A-02691-CHC-ROC-RHG

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 17, 2025 at 9:00AM

APPEARANCES: Thomas Wyrick appeared on behalf of Respondent First Opinion HVAC, LLC. Investigator Aaron King appeared on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The Arizona Registrar of Contractors (“Registrar”) referred the above-aforementioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.

The Registrar issued a Notice of Hearing, setting a rehearing at 9:00AM on December 17, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.

On November 18, 2025, an Order from OAH advised the parties on how to connect to the rehearing via Google Meet.

Complainant failed to appear at the rehearing by 9:15AM on December 17, 2025 and consequently, the matter was not convened and no evidence was taken. OAH did not receive any further communication from Complainant in regards to the missed hearing on December 17, 2025 or afterwards.

CONCLUSIONS OF LAW

The Notice of Hearing that the Registrar mailed to Complainant at its address and email address of record and the OAH order emailed were reasonable and Complainant is deemed to have received notice of the rehearing. 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 Ariz. Rev. Stat. § 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 29, 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]

Derek Barton

8820 W Manzanita Dr

Peoria, AZ 85345

[email redacted]

First Opinion HVAC, LLC

2383 W. Silver Creek Lane

SAN TAN VALLEY, AZ 85144

[email redacted]

Aaron King

[email redacted]

By: OAH Staff