ALJDEC - Licensing

2025A-04296-NPC-ROC · Registrar of Contractors · 2025-08-27

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Empire Construction LLC,

COMPLAINANT,

v.

Lavender Landscape Design Co. LLC,

License No. ROC 334560 and 326465,

RESPONDENT.

No. 2025A-04296-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: August 25, 2025.

APPEARANCES: Complainant did not appear. Respondent was present.

ADMINISTRATIVE LAW JUDGE: Samuel Fox

FINDINGS OF FACT

Pursuant to the Order of Continuance, the hearing in this matter was set for August 14, 2025, at 9:00 AM before the Office of Administrative Hearings.

Complainant failed to appear at the noticed hearing. Consequently, the matter was not convened and no evidence was taken.

CONCLUSIONS OF LAW

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. See A.A.C. R2-19-119.

Because Complainant failed to appear, their claim is unsupported by evidence. Consequently, Complainant failed to meet their burden, and the appeal should be dismissed.

RECOMMENDED ORDER

It is recommended that this matter be dismissed.

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, August 27, 2025.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

Registrar of Contractors

Ronald J. Ellett (Bar No. 012697)

ELLETT LAW OFFICES, P.C.

[email redacted]

Lavender Landscape Design Co. LLC

[email redacted]

Empire Construction LLC

[email redacted]

By: OAH Staff