ALJDEC - Licensing

2025A-11660-CHC-ROC · Registrar of Contractors · 2026-05-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael R. Topete,

COMPLAINANT,

v.

Sun State Pools, LLC,

License No. ROC 339772,

RESPONDENT.

No. 2025A-11660-CHC-ROC

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: May 26, 2026

APPEARANCES: Neither Complainant nor Respondent appeared. Arizona Registrar of Contractors Investigator Jeremy Rosenthal appeared as a witness.

ADMINISTRATIVE LAW JUDGE: Sondra J. Vanella

EXHIBITS ADMITTED INTO EVIDENCE: None

FINDINGS OF FACT

The hearing of this matter was initially scheduled to convene on March 18, 2026, at 9:00 a.m. On the date and time set for hearing, Arizona Registrar of Contractors (”Registrar”) Investigator Jeremy Rosenthal appeared as a witness. Neither Complainant nor Respondent appeared for the hearing.

On March 20, 2026, Complainant filed a Motion to Continue that stated the following: “We would like to motion for rehearing due to both parties not attending. I, the complainant, was not able to attend due to a personal matter.”

The Motion to Continue was granted and on March 23, 2026, the Tribunal issued an Order Granting Continuance and Setting Hearing Via Google Meet advising the parties of the continued hearing date and time of May 26, 2026, at 1:00 p.m., and provided the Google Meet information for participation in the hearing either by video conferencing or telephone. The Order was sent to the parties’ respective email addresses of record that have been used throughout these proceedings.

On the date and at the time set for continued hearing, Investigator Rosenthal was present. Neither Complainant nor Respondent appeared for hearing. The Tribunal waited approximately fifteen (15) minutes beyond the scheduled start time, and notwithstanding the grace period, neither party appeared.

CONCLUSION OF LAW

By failing to appear at the hearing, Complainant did not meet the burden of establishing by a preponderance of the evidence the alleged violation(s) by Respondent as charged by the Registrar.

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, May 29, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Tom Cole, Director

Registrar of Contractors

Sun State Pools, LLC

[email redacted]

[email redacted]

Michael R. Topete

[email redacted]

Jeremy Rosenthal

[email redacted]

By: OAH Staff