ALJDEC - Licensing

2025A-05119-NPC-ROC · Registrar of Contractors · 2025-10-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

J & T Welding Co. LLC,

COMPLAINANT,

v.

ELDER CONTRACTING LLC

License No. ROC 349755 and 329399,

RESPONDENT.

No. 2025A-05119-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 6, 2025 at 1:00pm

APPEARANCES: No one appeared on behalf of Complainant or Respondent.

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 an initial hearing at 1:00pm on August 25, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.

This matter was postponed and rescheduled to be heard on October 6, 2025 at 1:00pm. On August 25, 2025, an Order from OAH advised the parties on how to connect to the hearing via Google Meet.

Complainant failed to appear at the hearing by 1:15pm on October 6, 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 October 6, 2025.

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 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, October 10, 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]

ELDER CONTRACTING LLC

2305 S Higley Rd

Gilbert, AZ 85295

[email redacted]

Michael G. Tafoya, P.C.

17535 N Costa Brava Avenue

Maricopa, AZ 85139

[email redacted]

J & T Welding Co., LLC

3317 South Higley Road Ste. 114-403

GILBERT, AZ 85297

[email redacted]

By: OAH Staff