ALJDEC decisions subject to certification as final

2025A-07745-NPC-ROC · Registrar of Contractors · 2026-01-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

KAD Flooring Specialty LLC,

COMPLAINANT,

v.

Valley of the Sun General Construction LLC

ROC License No. 339134,

RESPONDENT.

No. 2025A-07745-NPC-ROC

ADMINISTRATIVE LAW

JUDGE DECISION

HEARING: January 13, 2026, at 1:00 PM.

APPEARANCES: No appearance(s) were made by or on behalf of KAD Flooring Specialty LLC (“Complainant”). No appearance(s) were made by or on behalf of Valley of the Sun General Construction LLC (“Respondent”).

ADMINISTRATIVE LAW JUDGE: Jenna Clark.

EXHIBITS ADMITTED INTO EVIDENCE: N/A.

FINDINGS OF FACT

On September 30, 2025, the Arizona Registrar of Contractors (“Registrar”) issued a Notice of Hearing on Contested Case (“Notice of Hearing”) setting an administrative hearing before the Office of Administrative Hearings (“OAH”), an independent state agency, at 10:30 a.m. on October 31, 2025, to determine whether grounds existed for the Registrar to take disciplinary action against ROC License No. 339134 for an alleged violation of Arizona Revised Statute (“Ariz. Rev. Stat.”) § 32-1154(A)(10). Correspondence was not returned as undeliverable to either party.

On October 31, 2025, Complainant failed to timely appear for the scheduled hearing, despite being afforded a fifteen (15) minute grace period. As a result, the matter was dismissed without prejudice due to Complainant’s defaulted appearance.

On November 13, 2025, Complainant submitted a Request for Reconsideration, which argued that electronic correspondence had been issued to an incorrect email address provided by the Registrar.

On November 18, 2025, the Tribunal granted Complainant’s request by issuing an Order Granting Continuance, using Complainant’s updated contact information, which reset the above-captioned matter for hearing at 1:00 p.m. on January 13, 2026. Remote participation information, including videoconference and teleconference information, was included, along with the following advisement:

Failure to timely appear shall result in dismissal of Complaint No. 2025-07745.

(Emphasis added.)

Correspondence was not returned as undeliverable to either party.

On January 13, 2026, Complainant failed to timely appear for the scheduled continued hearing, despite being afforded a fifteen (15) minute grace period. No communication was received by OAH on behalf of Complainant to provide notice of unavailability, to appear via alternative means, or to continue proceedings to a later date. Consequently, the hearing was not convened, and no evidence was taken.

There is no evidence that Complainant subsequently contacted OAH to provide an explanation for not appearing at the continued hearing.

CONCLUSIONS OF LAW

This matter lies within the Registrar’s jurisdiction. The matter was properly brought before OAH for adjudication.

The Notice of Hearing issued to Complainant is sufficient, and Complainant is deemed to have received notice of the proceedings for this matter and all related correspondence.

Complainant bears the burden of proof to establish cause to discipline Respondent’s license by a preponderance of the evidence. “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” A preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

By failing to appear to prosecute the underlying statutory violation, and not contacting OAH to provide an explanation for not appearing at the hearing, the evidence supports a conclusion that Complainant abandoned Complaint No. 2025-07745.

Because Complainant failed appear and sustain the requisite burden of proof, Complaint No. 2025-07745 is dismissed.

RECOMMENDED ORDER

In view of the foregoing,

IT IS ORDERED, pursuant to Ariz. Admin. Code R2-19-111(4), that this matter is hereby vacated from OAH’s calendar and remanded to the referring agency for further action, if any.

IT IS FURTHER ORDERED that the Registrar close Complaint No. 2025-07745, without prejudice.

NOTICE

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 15, 2026.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Tom Cole, Director

c/o Tedi Quezada, Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

[email redacted]

Valley of the Sun General Construction LLC, Respondent

c/o Joseph Palomares, Agent

939 S. 48th St., Unit 207

Tempe, AZ 85281

[email redacted]

[email redacted]

KAD Flooring Specialty LLC, Complainant

c/o Maria Teresa Rodriguez, Agent

727 W. Riverside St.

Phoenix, AZ 85041

[email redacted]

[email redacted]

By: OAH Staff