ALJDEC - Licensing

2025A-05166-CHC-ROC · Registrar of Contractors · 2025-10-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Keith Johnson,

COMPLAINANT,

v.

Lavender Landscape Design Co. LLC

License No. ROC 334560,

RESPONDENT.

No. 2025A-05166-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: October 6, 2025 at 9:00am

APPEARANCES: Tyler Tew appeared on behalf of Respondent Lavender Landscape Design Co., LLC with witness Tim McGhee. Investigator John Peru appeared on behalf of the Arizona Registrar of Contractors. No one appeared on behalf of Complainant.

ADMINISTRATIVE LAW JUDGE: Nicole Robinson

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

On August 25, 2025, 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 hearing at 9:00am on October 6, 2025. The Registrar mailed copies of the Notice of Hearing to Complainant at its address and email address of record.

On September 9, 2025, a Google Meet Order from OAH advised the parties on how to connect to the hearing via Google Meet.

Complainant failed to appear at the hearing by 9:15am and consequently, the matter was not convened and no evidence was taken. There is no evidence Complainant contacted OAH to provide an explanation for not responding to the NOH as requested and for not attending the scheduled hearing.

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, October 9, 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]

John Peru

[email redacted]

Lavender Landscape Design Co. LLC

1872 E Broadway Rd

Tempe, AZ 85282

[email redacted]

Keith Johnson

20734 N 69th Ave

Glendale, AZ 85308

[email redacted]

By: OAH Staff