ALJDEC - Licensing

2025A-05694-NPC-ROC · Registrar of Contractors · 2026-01-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

ADC 1, LLC,

COMPLAINANT,

v.

Constructable, Inc.

License No. ROC 346988,

RESPONDENT.

No. 2025A-05694-NPC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: January 26, 2026

APPEARANCES: Complainant ADC 1, LLC did not appear. Chris Begeman, Esq. represented Respondent Constructable, Inc. Jared Hellums appeared on behalf of Respondent Constructable, Inc.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The hearing of this matter was initially set to convene on September 30, 2025, pursuant to a Notice of Hearing issued by the Ariona Registrar of Contractors (“Registrar”) on August 18, 2025.

On September 26, 2025, Constructable, Inc. (“Respondent”) filed a Motion to Dismiss.

On September 29, 2025, Respondent’s Motion to Dismiss was denied in part and granted in part.

The September 30, 2025 hearing date was thereafter continued to October 30, 2025.

On October 30, 2025, at 1:00 p.m., Peter Dewitz appeared on behalf of Complainant. Chris Begeman, Esq. represented Respondent. Jared Hellums was present on behalf of Respondent. Once on the record, Mr. Begeman made a motion to continue the hearing for several reasons. Mr. Dewitz objected to a continuance. The Administrative Law Judge granted the motion, finding good cause, and also in light of the fact that the hearing was only scheduled for a two hour period, and the hearing would likely not conclude within the allotted time. Further, the parties expressed interest in participating in Mediation.

On October 31, 2025, the Tribunal issued an Order Granting Continuance and Setting Hearing Via Google Meet. That Order advised the parties that the hearing was continued to January 26, 2026, at 9:00 a.m., and that it would be conducted either by video conferencing or telephone participation through Google Meet and provided the Google Meet information to participate by either video or telephone. The Order further advised the parties that if they wished to participate in Mediation prior to the continued hearing date, such request must be made to the Office of Administrative Hearings.

On December 4, 2025, the parties filed a Joint Request for Mediation.

On January 9, 2026, the parties participated in Mediation. The Mediation was unsuccessful.

On January 20, 2026, the assigned Mediator issued the following to the parties:

Thank you for participating in the mediation held January 09, 2026, in the above matter. While the mediation did not conclude the matter for the parties, I appreciate the sincere effort both parties put forth in an effort to resolve this matter. By copy of this letter, I am apprising the judge that the mediation did not resolve the matter and that it will continue forward to hearing scheduled at 9:00 a.m. on January 26, 2026. Parties shall appear remotely via use of the following Google Meet information:

Meeting ID: meet.google.com/wcg-gyep-ysj

-OR-

Phone Number: (508) 658-2879

PIN: 479 039 205#

On January 26, 2026, at 9:00 a.m., Chris Begeman, Esq. represented Respondent. Jared Hellums was present on behalf of Respondent. Complainant did not appear notwithstanding an approximately fifteen-minute grace period during with Mr. Begeman emailed Complainant and during which the Tribunal called Complainant and left a voicemail message at the number provided on the Complaint form filed by Complainant with the Registrar.

Following the grace period, the hearing proceeded in Complainant’s absence with Mr. Begeman making a Motion to Dismiss.

To date, Complainant has not contacted the Office of Administrative Hearings to indicate any cause for the absence or delay.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden to establish by a preponderance of the evidence the alleged violation(s) by Respondent of this State’s contracting laws.

RECOMMENDED ORDER

Based on the foregoing, it is recommended that on the effective date of the Registrar’s Order, Complainant’s Complaint 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, January 29, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

ADC 1, LLC

[email redacted]

Richard L. Righi

Chris H. Begeman

RIGHI FITCH LAW GROUP, P.L.L.C.

[email redacted]

[email redacted]

Constructable, Inc.

[email redacted]

By: OAH Staff