FINACT2018A-1998-CHC-ROC.pdf

2018A-1998-CHC-ROC · Registrar of Contractors · 2019-01-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alice Doreen and Kassaundra D. Johnson, Case No. 2018-1998 COMPLAINANT, Docket No. 2018A-1998-CHC-ROC v. FINAL ADMINISTRATIVE DECISION Andrew Kersey Bushman, AND ORDER DBA: Bushman & Bushman Construction, License No. ROC 269043, 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 February 9, 2019.

Dated December 31, 2018.

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 December 31, 2018 to: Respondent Andrew Kersey Bushman DBA: Bushman & Bushman Construction PO Box 96 Joseph City, AZ 86032 Complainant Alice Doreen and Kassaundra D. Johnson 4487 McLaws Rd Holbrook, AZ 86025 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 Roger A. Geddes, Administrative Law Judge Case No. 2018-1998 / 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 12.19.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Alice Doreen and Kassaundra D Johnson, No. 2018A-1998-CHC-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE DECISION v.

Andrew Kersey Bushman DBA: Bushman & Bushman Construction, License No. ROC 269043, RESPONDENT.

HEARING: November 29, 2018, 1:00 P.M.

APPEARANCES: No appearance was made on behalf of Complainants;

Respondent Andrew Bushman appeared on his own behalf

ADMINISTRATIVE LAW JUDGE: Roger A. Geddes _____________________________________________________________________

FINDINGS OF FACT

BACKGROUND AND PROCEDURE

1. Complainants did not appear at the hearing; Andrew Bushman, Respondent, appeared on his own behalf. 2. The Notice of Hearing on this matter, dated October 26, 2018, informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.” 3. The Notice of Hearing further advised of the procedure for requesting a

continuance of the hearing.

4. Although the commencement of the hearing was delayed approximately 20 minutes, Complainants did not appear at any time during the hearing in person or through an authorized officer, employee, attorney, or any other person. Consequently,

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 12.19.2018 ROC LEGAL

Complainants did not present any evidence against Respondent to warrant disciplinary action. Complainants further did not request to appear telephonically nor did they request that the November 29, 2018, hearing be continued. CONCLUSIONS OF LAW 1. The copy of the original Notice of Hearing that the Registrar mailed to Complainants at their address of record was reasonable and Complainants are deemed to have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).

2. 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 these

matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2- 19-119. By failing to appear at the hearing, Complainants did not meet the burden to present evidence in support of the Complaint. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainants’ Complaint against Respondent Andrew Bushman 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

five days from the date of that certification. Done this day, December 19, 2018. /s/ Roger Geddes Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors