ALJDEC - Licensing

2025A-07679-CHC-ROC · Registrar of Contractors · 2025-12-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Dave's Construction Service, Inc.,

COMPLAINANT,

v.

Tonto Basin Concrete, Inc.,

License No. ROC 250184,

RESPONDENT.

No. 2025A-07679-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: December 3, 2025

APPEARANCES: Complainant Dave’s Construction Service, Inc. did not appear. Dwight Randall appeared on behalf of Respondent Tonto Basin Concrete, Inc. Arizona Registrar of Contractors Investigator Christopher Allison appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The hearing of this matter was scheduled to convene on December 3, 2025, at 1:00 p.m., pursuant to a Notice of Hearing issued by the Arizona Registrar of Contractors (“Registrar”) on October 29, 2025. The Notice of Hearing was sent to Dave’s Construction Service, Inc.’s (“Complainant”) mailing and email addresses of record, and advised of the hearing date and time and that an Order containing Google Meet information for the parties to participate in the hearing would be sent by the Office of Administrative Hearings.

On November 7, 2025, the Office of Administrative Hearings issued to the parties an Order reiterating that date and time for the hearing and providing the Google Meet information to participate in the hearing.

On the date and time set for hearing, Dwight Randall appeared on behalf of Tonto Basin Concrete, Inc. (“Respondent “). Investigator Christopher Allison appeared as a witness. Complainant failed to appear at the hearing.

The Tribunal waited ten (10) minutes beyond the scheduled start time, however, Complainant did not appear and did not provide any cause for the absence or delay, nor did Complainant request that the hearing be continued.

Respondent made a motion to dismiss the filed Complaint.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet its burden to establish by a preponderance of the evidence, Respondent’s alleged violations of this State’s contracting laws. See A.A.C. R2-19-119.

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, December 8, 2025.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Tonto Basin Concrete, Inc.,

[email redacted]

Dave's Construction Service, Inc.

Melissa Trudelle

[email redacted]

Chris Allison

[email redacted]

By: OAH Staff