FINACT2018A-2451-ROC.pdf

2018A-2451-ROC · Registrar of Contractors · 2019-06-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Angelo Nick Scarpitta, Case No. 2018-2451 COMPLAINANT, Docket No. 2018A-2451-RFA-ROC v. Brothers In Faith Heating & Cooling LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 312238, AND ORDER 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 June 21, 2019. Dated June 21, 2019. 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 June 21, 2019 to: Respondent Brothers In Faith Heating & Cooling LLC 7344 W Red Hawk Dr Peoria, AZ 85383 Complainant Angelo Nick Scarpitta 9536 E Casper Cir Mesa, AZ 85207 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 Velva Moses-Thompson, Administrative Law Judge Case No. 2018-2451 / DU

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 6.20.2019 OAH ALJ Recommendations - AZROC <[email redacted]> ROC LEGAL

New ALJ Decision transmitted for ROC (2018A-2451-ROC) message

OAH Electronic Decision Transmission System <[email redacted]> Thu, Jun 20, 2019 at 7:31 AM To: [email redacted]

This is a message from the Arizona Office of Administrative Hearings to inform you that a decision has been transmitted for Registrar of Contractors. The details are as follows:

Decision type: ALJ Decision Matter ID: 2018A-2451-ROC Filed by: OAH Filed on: 6/20/2019 Due Date for Final Agency Action (if applicable): 7/25/2019

You may access this decision at https://portal.azoah.com/aljdec/documents/ROC/2018A-2451-ROC-ALJDecision-6336.pdf.

To view all available ALJ decisions, visit https://portal.azoah.com/aljdec/documents/ROC/. RECEIVED 6.20.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Angelo Nick Scarpitta, No. 2018A-2451-ROC COMPLAINANT, v. ADMINISTRATIVE LAW JUDGE Brothers In Faith Heating & Cooling, LLC, DECISION ROC License: ROC 312238 RESPONDENT.

HEARING: May 30, 2019 APPEARANCES: Complainant Angelo Nick Scarpitta appeared on behalf of himself. Assistant Attorney General Thomas Raine appeared on behalf of the Arizona Registrar of Contractors. No one appeared on behalf of Respondent Brothers In Faith Heating & Cooling, LLC. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

_____________________________________________________________________

FINDINGS OF FACT

1. On March 1, 2019, the Arizona Registrar of Contractors (Registrar) issued

a Notice of Claim for Administrative Payout that provides, in relevant part, as follows:

After review of the claim and all supporting documentation, the Fund has determined that Complainants are to be awarded $2,640 in the form of payment issued by the Fund. 2. Respondent filed a timely appeal to the Notice of Claim for Administrative Payout. 3. The Registrar referred the matter to the Office of Administrative Hearings, an independent state agency, for an evidentiary hearing regarding the amount and/or propriety of the payment from the Fund. 4. On April 9, 2019, the Registrar of Contractors, (hereinafter “Registrar”), issued a Notice of Recovery Fund Hearing setting the above-captioned matter for hearing on April 5, 2017, at the Office of Administrative Hearings in Phoenix, Arizona. The Notice provided that the issue set for determination was whether, “an award and

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 6.20.2019 ROC LEGAL

payment from the Contractors’ Recovery Fund pursuant to A.R.S. § 32-1154(F) is justified by the evidence.” 5. No one appeared on behalf of Respondent.

6. Mr. Scarpitta stated that he was not contesting Notice of Claim

for Administrative Payout.

7. The Registrar’s representative requested that a default be

issued against Respondent.

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 by a preponderance of the evidence. See A.A.C. R2-19-119.

2. Because Respondent failed to appear and prosecute the appeal, the

appeal is unsupported by evidence. Consequently, the appeal should be dismissed.

ORDER IT IS ORDERED that Respondent’s appeal is 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 the date of that certification. Done this day, June 19, 2019. /s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors