FINACT2018A-04446-ROC.pdf

2018A-04446-ROC · Registrar of Contractors · 2019-03-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bel Aire Construction LLC, Case No. 2018-04446 COMPLAINANT, Docket No. 2018A-04446-ROC v. FINAL ADMINISTRATIVE DECISION KJ's Cooling & Heating LLC, AND ORDER License No. ROC 289200, 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 April 9, 2019. Dated February 28, 2019.

Registrar of Contractors

/s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department 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 February 28, 2019 to: Respondent KJ's Cooling & Heating LLC PO Box 5236 Peoria, AZ 85385 Complainant Bel Aire Construction LLC 10632 N Scottsdale Rd Ste B Scottsdale, AZ 85254 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Office of Administrative Hearings Linda Marie Brown, Administrative Law Judge

Case No. 2018-04446 / 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 2.7.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Bel Aire Construction LLC, No. 2018A-04446-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE DECISION v.

KJ's Cooling & Heating LLC, ROC License 289200

RESPONDENT.

HEARING: February 4, 2019, at 1:00 PM APPEARANCES: Brett Fairbanks (“Mr. Fairbanks,” representative for KJ’s Cooling & Hearing LLC, “Respondent”); Steve Klein (“Investigator Klein,” for the Registrar of Contractors, “ROC” or “Registrar”); and Phil Jaegge (“Mr. Jaegge,” observer for the ROC). NON-APPEARANCE: Bel Aire Construction LLC (“Complainant”). ADMINISTRATIVE LAW JUDGE: Linda Marie Brown FINDINGS OF FACT 1. The Registrar mailed a Notice of Hearing to both parties on December 26, 2018, addressed as follows: KJ’s Cooling & Heating LLC, PO Box 5236, Peoria, AZ 85385 (Respondent); and Bel Aire Construction LLC, 10632 N Scottsdale Rd Ste B,

Scottsdale, AZ 85254, in accordance with A.R.S. § 41-1092.

2. Respondent stated he believes the matter has been resolved.

Investigator Klein stated that he attempted to call Complainant on January 31, 2019,

and left a voice mail. Complainant did not return his call. 3. Complainant failed to appear at the noticed hearing. Complainant did not request to appear telephonically or request a continuance. The tribunal waited 20 minutes beyond the scheduled start time, but Complainant did not appear. ///// /////

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 2.7.2019 ROC LEGAL

CONCLUSIONS OF LAW 1. By failing to appear at the noticed scheduled hearing, Complainant did not meet the burden to present evidence in support of the Complaint. See A.A.C. R2- 19-119. 2. This complaint should be dismissed due to Complainant’s failure to appear. 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 that the Administrative Law Judge Decision is certified by the Director of the Office of Administrative Hearings, the effective date of the Order is the date of certification. Done this day, February 6, 2019.

/s/ Linda Marie Brown Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors