FINACT2016A-2315-RFA-ROC.pdf

2016A-2315-RFA-ROC · Registrar of Contractors · 2019-09-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nathan Ray Satterfield, Case No. 2016-2315

COMPLAINANT, Docket No. 2016A-2315-RFA-ROC v.

Hillcrest Remodeling LLC FINAL ADMINISTRATIVE DECISION AND License No. ROC 285898, ORDER RESPONDENT.

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 of each finding of fact or conclusion of law. REGISTRAR’S ACCEPTANCE In this case, a hearing was held, and the administrative law judge issued a written decision. See Administrative Law Judge Decision, attached. The Registrar reviewed that decision and accepts it. CONCLUSION AND ORDER Because the Registrar has accepted the administrative law judge’s decision, that decision is the final administrative decision in this case and becomes effective on October 16, 2019.

Dated September 6, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 Copy mailed via USPS First Class mail September 6, 2019 to: Respondent Hillcrest Remodeling LLC 28524 N Bryce Trail Queen Creek, AZ 85142 Complainant Nathan Ray Satterfield 24023 S 201st Way Queen Creek, AZ 85142

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Registrar’s Counsel Thomas Raine, Assistant Attorney General

Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge Case No. 2016-2315 / SA

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 RECEIVED 8.26.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Nathan Ray Satterfield, No. 2016A-2315-RFA-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Hillcrest Remodeling LLC, DECISION ROC License: ROC 285898, RESPONDENT

HEARING: August 16, 2019 APPEARANCES: Nathan Satterfield appeared on his own behalf. The Arizona Registrar of Contractors was represented by Assistant Attorney General Thomas Raine. Respondent Hillcrest Remodeling LLC did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT 1. Respondent appealed the Arizona Registrar of Contractors’ award of a payout from the Recovery Fund to Complainant. 2. Respondent’s appeal was set to convene for hearing at 1:30 p.m. on August 16, 2019, at the Office of Administrative Hearings in Phoenix, Arizona. 3. No representative for Respondent appeared by 1:50 p.m. and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2-19-119. 2. Because Respondent failed to appear and prosecute the appeal, the appeal is unsupported by evidence. Consequently, Respondent’s appeal should be dismissed. ORDER IT IS ORDERED that Respondent’s appeal is dismissed.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 8.26.2019 ROC LEGAL

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 is the date of that certification.

Done this day, August 23, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors