FINACT2018A-2301-RFA-ROC.pdf

2018A-2301-RFA-ROC · Registrar of Contractors · 2019-09-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patrick A Maley, Case No. 2018-2301 DBA: Docket No. 2018A-2301-RFA-ROC COMPLAINANT, v. FINAL ADMINISTRATIVE DECISION AND Mary Alice Perry ORDER DBA: Phoenician Pavers, License No. ROC 248504, 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 November 6, 2019.

Dated September 27, 2019. By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal 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 September 27, 2019 to: Respondent Mary Alice Perry DBA: Phoenician Pavers 28150 N Alma School Pkwy Scottsdale, AZ 85262

Complainant Patrick A Maley 9635 N Rock Ridge Trl Fountain Hills, AZ 85268 Copy sent electronically this same date to: Registrar’s Counsel Thomas Raine, Assistant Attorney General

Office of Administrative Hearings Tammy L. Eignenheer, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2018-2301 / DE

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 9/16/2019 ROC Legal

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Patrick A. Maley, No. 2018A-2301-RFA-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Mary Alice Perry, DECISION DBA: Phoenician Pavers, ROC License: ROC 248504, RESPONDENT

HEARING: September 11, 2019 APPEARANCES: Complainant Patrick A. Maley appeared. Respondent Mary Alice Perry, doing business as Phoenician Pavers, did not appear. The Arizona Registrar of Contractors was represented by Assistant Attorney General Thomas Raine. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

FINDINGS OF FACT

Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for Respondent. CONCLUSIONS OF LAW By failing to appear at the hearing, Respondent did not meet the burden to present evidence to establish the proposed payout from the Recovery Fund was incorrect. 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, Respondent’s appeal 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, September 13, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Received 9/16/2019 ROC Legal

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors