FINACT2018A-04564-NPC-ROC-FinalAgencyAction-6579.pdf

2018A-04564-NPC-ROC · Registrar of Contractors · 2019-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dunn Edwards Corporation, Case No. 2018-04564

COMPLAINANT, Docket No. 2018A-04564-NPC-ROC

v. FINAL ADMINISTRATIVE DECISION AND ORDER Antonio Jesus Felix, DBA: Legend Home Improvement, License No. ROC 308695,

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 December 2, 2019.

FINAL NOTE

On page one, paragraph two, line 23, replace “appeal” with “contested case.”

On page one, paragraph two, line, 24, replace “appeal” with “complaint”.

Dated October 23, 2019.

By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Arizona Registrar of Contractors

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 October 23, 2019 to: Respondent Antonio Jesus Felix DBA: Legend Home Improvement 1155 W Elliot Rd Apt 2112 Tempe, AZ 85284

Complainant Dunn Edwards Corporation 4885 E 53nd Pl Los Angeles, CA 90058 Copy sent electronically this same date to: Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2018-04564 / KR

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 9.30.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Dunn Edwards Corporation, No. 2018A-04564-NPC-ROC COMPLAINANT, v. ADMINISTRATIVE LAW JUDGE DECISION Antonio Jesus Felix, DBA: Legend Home Improvement, ROC License: ROC 308695 RESPONDENT.

HEARING: September 24, 2019 APPEARANCES: No one appeared on behalf of Complainant Dunn Edwards Corportation. Respondent Antonio Jesus Felix appeared on behalf of himself. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson FINDINGS OF FACT 1. The Arizona Registrar of Contractors duly issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. on September 24, 2019, at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for Complainant appeared by 1:20 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 Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence. 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.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.30.2019 ROC LEGAL

Done this day, September 25, 2019. /s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors