FINACT2015A-3426-ROC.pdf

2015A-3426-ROC · Registrar of Contractors · 2016-03-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ash Underground LLC, Docket No. 2015A-2374-ROC COMPLAINANT -v- Case No. 2015-2374 Medwest Engineering LLC, DBA: Medwest Builders, FINAL ADMINISTRATIVE DECISION License No. 281826, AND ORDER

Under A.R.S. § 41-1092.08(B), the Registrar may review and accept, modify, or reject an administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the Registrar must provide written justification setting forth the reasons for the modification or rejection. In this case, a hearing was held and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. MODIFICATION AND WRITTEN JUSTIFICATION The Administrative Law Judge Decision recommends that “this appeal be denied” because Complainant failed to appear at the hearing and failed to meet the burden of proof. However, this matter is not an appeal. It’s a contested case.

CONCLUSION AND ORDER

The Registrar hereby replaces the phrase “appeal be denied,” with the phrase “this matter should be

dismissed,” found on lines 21 and 23 of the Administrative Law Judge Decision. The Registrar hereby

accepts the remainder of the Administrative Law Judge Decision, which becomes effective on April 6,

2016.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762

Signed this 26th day of February 2016. Registrar of Contractors /s/ James N. Hanson __________________________ James N. Hanson Assistant Director, Legal Department Copy mailed via USPS First Class mail this 26th day of February 2016 to: Respondent Medwest Engineering LLC DBA: Medwest Builders 4352 E McDowell Rd Phoenix, AZ 85008-4502 Alicia Mykyta Esq. 1599 E. Orangewood Ave Ste 125 Phoenix, AZ 85020-5159 Complainant Ash Underground LLC 2473 S. Highley Rd. Ste 104 Gilbert, AZ 85295-1103 AND copy electronically mailed this same date to: Office of Administrative Hearings Dorinda M. Lang, Administrative Law Judge Case No. 2015-3426