FINACT2018A-2167-CHC-ROC.pdf

2018A-2167-CHC-ROC · Registrar of Contractors · 2018-09-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Jeff L. Johnston, Case No. 2018-2167 COMPLAINANT, Docket No. 2018A-2167-CHC-ROC v. FINAL ADMINISTRATIVE DECISION Floors Unlimited Inc., AND ORDER License No. 086526, 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 October 30, 2018. Dated September 20, 2018. Registrar of Contractors /s/ Nicole Sornsin Nicole Sornsin Assistant Director, Legal 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 September 20, 2018 to: Respondent Floors Unlimited Inc 21609 N 12th Ave Ste 100 Phoenix, AZ 85027-2836 Complainant Jeff L. Johnston 215 E Citation Ln Tempe, AZ 85284-1403 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 Randolph D. Wolfson, Administrative Law Judge Case No. 2018-2167/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 9.7.2018 ROC LEGAL IN THE OFFICE OF ADMINISTRATIVE HEARINGS

No. 2018A-2167-CHC-ROC Jeff L Johnston, ADMINISTRATIVE LAW JUDGE COMPLAINANT, DECISION v.

Floors Unlimited Inc., License No: 086526 RESPONDENT.

HEARING: September 6, 2018 at 8:30 a.m. APPEARANCES: John Marsh, Respondent and Qualifying Party; Dennis Bierma, ROC Investigator. ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson _____________________________________________________________________

FINDINGS OF FACT 1. Hearing on Complainant’s case was timely and properly noticed to the parties on August 7, 2018 setting this matter for September 6, 2018 at 8:30 a.m. 2. Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Complainant. No request for continuance of the hearing has been filed nor has any request for Complainant to appear telephonically been filed or ordered. 3. On September 5, 2018, Respondent and Qualifying Party John Marsh filed, in this case, its Notice of Compliance with the Registrar’s Directive which, in pertinent parts, states that compliance with the Corrective Work Order contained in the Registrar’s Directive in this matter has been completed. The Complainant has not responded to the Notice of Compliance to indicate whether it disputed or agreed with the Respondent’s Notice of Compliance.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.7.2018 ROC LEGAL

CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant did not meet its 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 days from the date of that certification. Done this day, September 6, 2018. /s/Randolph D. Wolfson Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors