ALJDEC - Licensing

2025A-04260-NPC-ROC · Registrar of Contractors · 2025-07-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

JD's Pumping,

COMPLAINANT,

v.

Division 1 Construction LLC

License No. ROC 314753,

RESPONDENT.

No. 2025A-04260-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: July 22, 2025 at 9:00 AM.

APPEARANCES: No appearance(s) by or on behalf of JD’s Pumping (“Complainant”). Steven Marcus Todd appeared on behalf of Division 1 Constriction LLC (“Respondent”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

EXHIBITS ADMITTED INTO EVIDENCE: N/A.

FINDINGS OF FACT

Background and Procedure

Administrative Notice is taken of the docket history for Case No. 2025A-04260-NPC-ROC pursuant to Arizona Administrative Code (“Ariz. Admin. Code”) R4-9-117.

On May 20, 2025, the Arizona Registrar of Contractors (“Registrar”) referred Case No. 2025A-04260-NPC-ROC to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing on July 23, 2025. On June 06, 2025, the Registrar issued a Notice of Hearing on Contested Case (“Notice of Hearing”) to determine whether the Registrar had cause to discipline Respondent’s contracting license based on alleged violation(s) of Arizona Revised Statute (“Ariz. Rev. Stat.”) § 32-1154(A)(10). Correspondence was not returned as undeliverable to Complainant.

OAH never received a disclosure statement and/or proposed hearing exhibits by or on behalf of Complainant.

Hearing Evidence

On July 23, 2025, though afforded a fifteen (15) minute grace period, Complainant, the moving party in the instant action, failed to appear. As such, the hearing record was not opened and no evidence was offered.

No correspondence was received on behalf of Complainant to provide notice of unavailability, appear via alternative means, or continue.

CONCLUSIONS OF LAW

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

The Notice of Hearing the Registrar mailed to Complainant’s address of record is sufficient, and Complainant is deemed to have received notice of the instant proceedings. Because OAH mailed all correspondence to Complainant in the same manner and failed to receive any mail returned as undeliverable, Complainant is deemed to have received all correspondence regarding this matter from OAH as well.

The burden of proof at an administrative hearing falls upon the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is that of a preponderance of the evidence. In this case, Complainant bore the burden of proof to establish Respondent’s alleged statutory violation(s) and grounds for discipline by the Registrar.

A preponderance of the evidence means ‘proof which leads the [trier of fact] to find that the existence of the contested fact is more probable than its nonexistence.

Ariz. Admin. Code R2-19-117 provides that 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.

Here, Complainant failed to appear without establishing good cause. As such, it must be concluded that Complainant defaulted its appearance.

Because Complainant failed to sustain its burden of proof in the matter, due to their defaulted appearance, the underlying appeal is subject to dismissal.

ORDER

In light of the foregoing,

IT IS ORDERED that the Registrar dismiss and close Complaint No. 2025-04260, without prejudice.

NOTICE

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 Final Order will be forty (40) days from the date of that certification.

Done this day, July 24, 2025.

Office of Administrative Hearings

/s/ Jenna Clark

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 St., Ste. 105

Phoenix, AZ 85007

[email redacted]

JD's Pumping, Complainant

c/o Jesse Heck, Agent

P.O. Box 26214

Prescott Valley, AZ 86312

[email redacted]

Division 1 Construction LLC, Respondent

c/o Steven Marcus Todd, Agent

3317 S. Higley Rd., Ste. 114-293

Gilbert, AZ 85297

[email redacted]

[email redacted]

Courtesy copy issued to:

Jordan E. Greenman, Esq.

Greenman Law

1621 W. Willetta St.

Phoenix, AZ 85007

[email redacted]

By: OAH Staff