FINACT2017A-5966-ROC-CHC.pdf

2017A-5966-CHC-ROC · Registrar of Contractors · 2018-10-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alberto Varajas Agurre, Case No. 2017-5966 COMPLAINANT, Docket No. 2017A-5966-CHC-ROC v. FINAL ADMINISTRATIVE DECISION E And E Pool Construction, LLC, AND ORDER License No. 309416, 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. 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 hereby accepts it. CONCLUSION 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 November 11, 2018. Dated October 2, 2018. Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal and Recovery Fund

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Copy mailed via USPS First Class mail October 2, 2018 to: Respondent E And E Pool Construction LLC 3315 E Los Altos Rd Gilbert, AZ 85297 Kurt E. Hammond, Esq. Rudolph & Hammond 8686 E San Alberto Dr Ste 200 Scottsdale, AZ 85258-4380 Complainant Alberto Varajas Agurre 501 W Apache St Phoenix, AZ 85003 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar

Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge Case No. 2017-5966 / AN

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 9.18.2018 ROC LEGAL IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Alberto Varajas Agurre, No. 2017A-5966-CHC-ROC COMPLAINANT ADMINISTRATIVE LAW JUDGE v. DECISION

E And E Pool Construction LLC, License No: 309416 RESPONDENT

HEARING: September 11, 2018 APPEARANCES: Complainant did not appear. Respondent was represented by Kurt Hammond. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________

FINDINGS OF FACT

Complainant failed to appear at the hearing. The tribunal waited 20 minutes

beyond the scheduled start time, but no one appeared for Complainant. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19-119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s complaint be dismissed. 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 40 days from the date of that certification. Done this day, September 18, 2018

/s/ Tammy L. Eigenheer Administrative Law Judge Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

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