FINACT2018A-2426-CHC-ROC.pdf

2018A-2426-CHC-ROC · Registrar of Contractors · 2018-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patrice Smith , Case No. 2018-2426 COMPLAINANT, Docket No. 2018A-2426-CHC-ROC v. FINAL ADMINISTRATIVE DECISION Ronald Leonard Harlin, AND ORDER DBA: Brothers For Life Plumbing, License No. ROC 301179, 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 December 12, 2018. Dated November 2, 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 November 2, 2018 to: Respondent Ronald Leonard Harlin DBA: Brothers For Life Plumbing 2845 E Chipman Rd Phoenix, AZ 85040 Complainant Patrice Smith 5611 S 20th Dr Phoenix, AZ 85041 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 Thomas Shedden, Administrative Law Judge Case No. 2018-2426 / 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 10.17.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Patrice Smith, No. 2018A-2426-CHC-ROC

COMPLAINANT ADMINISTRATIVE LAW JUDGE v. DECISION Ronald Leonard Harlin dba, Brothers For Life Plumbing, License No. 301179,

RESPONDENT HEARING: October 17, 2018 APPEARANCES: No one appeared for Complainant; Ronald Leonard Harlin appeared for Respondent ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On August 30, 2018, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 8:30 a.m. October 17, 2018 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for Complainant had appeared by 9:10 a.m.,1 and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. 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 this matter is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119; see also ARIZ. REV. STAT. §§ 41-1092.07(G)(2) and (G)(3). 2. Complainant failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation and Complaint are unsupported by evidence.

1 Complainant also failed to submit a disclosure statement as required by ARIZ. ADMIN. CODE section R4- 9-118. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 10.17.2018 ROC LEGAL

3. Because the Citation and Complaint are unsupported by any evidence, this matter should be dismissed.

ORDER

IT IS ORDERED that Case No. 2018-2426 and the related Citation are

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 is forty days after the date of that certification.

Done this day, October 17, 2018.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors