FINACT2018A-05038-ROC.pdf

2018A-05038-ROC · Registrar of Contractors · 2019-03-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Indy Electric LLC, Case No. 2018-05038 COMPLAINANT, Docket No. 2018A-05038-ROC v. FINAL ADMINISTRATIVE DECISION Aion Construction LLC, AND ORDER License No. ROC 209737, 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 Aion Construction LLC PO Box 546 Gilbert, AZ 85299 Complainant Indy Electric LLC 825 W Fruit Tree Ln San Tan Valley, AZ 85143 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 Velva Moses-Thompson, Administrative Law Judge

Case No. 2018-05038 / 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 2.8.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Indy Electric, LLC, No. 2018A-05038-ROC

COMPLAINANT ADMINISTRATIVE LAW JUDGE DECISION v.

Aion Construction, LLC, License No. ROC 209737,

RESPONDENT

HEARING: February 4, 2019 APPEARANCES: No one appeared on behalf of Complainant Indy Electric, LLC.

Jimmy Johnson appeared on behalf of Respondent Aion Construction, LLC.

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

FINDINGS OF FACT No representative for Complainant appeared. The tribunal waited approximately 15 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, February 7, 2019.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 2.8.2019 ROC LEGAL

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors