FINACT2018A-2411-CHC-ROC.pdf

2018A-2411-CHC-ROC · Registrar of Contractors · 2018-12-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

9148 N 66th Pl., LLC dba Modern Built, Case No. 2018-2411 COMPLAINANT, Docket No. 2018A-2411-CHC-ROC v. FINAL ADMINISTRATIVE DECISION Frameless Glass, LLC, AND ORDER License No. ROC 283819, 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 January 9, 2019.

Dated November 30, 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 November 30, 2018 to: Respondent Frameless Glass LLC 13210 W Van Buren St Ste 100 Goodyear, AZ 85338 Timothy D. Ducar, Esq. TIMOTHY D. DUCAR, PLC 8360 E. Raintree Drive, Suite 140 Scottsdale, AZ 85260 Complainant 9148 N 66th Pl., LLC dba Modern Built Attn: Elizabeth M. McCaffrey or Anthony Gold 9148 N 66th Pl P. O. Box 6374 Scottsdale, AZ 85253 AND copy electronically mailed this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Office of Administrative Hearings Randolph D. Wolfson, Administrative Law Judge

Case No. 2018-2411 / 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 11.13.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

9148 N 66th Pl., LLC dba Modern Built, No. 2018A-2411-CHC-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE v. DECISION Frameless Glass LLC, License No: 283819

RESPONDENT.

HEARING: November 13, 2018 at 1:00 p.m. APPEARANCES: Steve Lawton, Sr. Investigator, ROC.

ADMINISTRATIVE LAW JUDGE: Randolph D. Wolfson

_____________________________________________________________________

FINDINGS OF FACT

Notice of hearing setting this matter for November 13, 2018, which notice was mailed to the addresses of record for the Complainant and the Respondent reflected in the records of the Registrar. At 1:00 p.m. on the date of the hearing, the Registrar’s Sr. Investigator Steve Lawton, appeared for testimony. Both Complainant and Respondent failed to appear at the hearing. The tribunal waited 20 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. Review of the Registrar’s Public Online website indicates the Respondent’s license 283819 is in a revoked status.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 11.13.2018 ROC LEGAL

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.

Transmitted electronically to:

Elizabeth M. McCaffrey Anthony Gold 9148 N 66th Pl P. O. Box 6374 Scottsdale AZ 85253-1902 [email redacted] Complainant

Timothy D Ducar PLC 8360 E Raintree Dr Scottsdale, AZ 85260-2686 [email redacted] Respondent's Counsel

Stephen Lawton #175 [email redacted]

Jeffrey Fleetham, Director Registrar of Contractors