ALJDEC - Licensing

2025A-03106-CHC-ROC · Registrar of Contractors · 2025-07-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Donald E Starr,

COMPLAINANT,

v.

Marcos Martinez-Espinoza

DBA: Off The Roof Roofing,

License No. ROC 343243,

RESPONDENT.

No. 2025A-03106-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 17, 2025 at 9:00am

APPEARANCES: Marcos Martinez-Espinoza on behalf of Respondent Off the Roof Roofing. Investigator Daniel Otero on behalf of the Arizona Registrar of Contractors.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

FINDINGS OF FACT

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

On June 6, 2025, the Registrar issued a Notice of Hearing, setting a hearing at 9:00AM on July 17, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.

On June 24, 2025, 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 9:21AM 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 notice of the 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 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, July 23, 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]

Daniel Otero

[email redacted]

Donald E Starr

155 Fairway Oak Drive

Sedona, AZ 86351

[email redacted]

Marcos Martinez-Espinoza

DBA: Off The Roof Roofing

798 Bunker Hill Dr

San Bernardino, CA 92410

[email redacted]

By: OAH Staff