FINACT2018A-04768-NPC-ROC.pdf

2018A-04768-ROC · Registrar of Contractors · 2019-05-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Construction Guide LLC, Case No. 2018-04768 COMPLAINANT, Docket No. 2018A-04768-NPC-ROC v. Ricochet Excavating LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 172693, AND 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.

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 June 18, 2019.

Dated May 9, 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 May 9, 2019 to: Respondent Ricochet Excavating LLC 24029 N 91st Ave Peoria, AZ 85383 Complainant Construction Guide LLC 4501 W Columbine Dr Glendale, AZ 85304 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 Thomas Shedden, Administrative Law Judge

Case No. 2018-04768 / SA

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 5.6.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Construction Guide LLC, No. 2018A-04768-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Ricochet Excavating LLC, DECISION License No. ROC 172693, RESPONDENT

HEARING: May 1, 2019 APPEARANCES: No one appeared for either party ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT 1. On March 7, 2019, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 1:00 p.m. May 1, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for either party appeared by 1:15 p.m. and, consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. “At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” ARIZ. REV. STAT. § 41-1092.07(G)(2). 2. Because no one appeared and prosecuted the appeal, the appeal is unsupported by evidence and the burden of persuasion has not been met. 3. Consequently, this matter should be dismissed. ORDER

IT IS ORDERED that this matter is 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 forty days after the date of that certification.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 5.6.2019 ROC LEGAL

Done this day, May 3, 2019. /s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors