FINACT2018A-3184-NPC-ROC.pdf

2018A-3184-NPC-ROC · Registrar of Contractors · 2018-10-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Driven Electric, LLC, Case No. 2018-3184 COMPLAINANT, Docket No. 2018A-3184-ROC v. FINAL ADMINISTRATIVE DECISION J & R Construction, LLC, AND ORDER License No. 316956, 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 November 25, 2018. Dated October 16, 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 October 16, 2018 to: Respondent J & R Construction LLC 7247 S Galaxy Hill Rd West Jordan, UT 84081 Complainant Driven Electric LLC 560 S Pineview Dr Chandler, AZ 85226 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 Tammy L. Eigenheer, Administrative Law Judge

Case No. 2018-3184 / 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 10.2.2018 ROC LEGAL IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Driven Electric LLC No. 2018A-3184-NPC-ROC COMPLAINANT ADMINISTRATIVE LAW JUDGE v. DECISION

J & R Construction LLC License No: 316956 RESPONDENT

HEARING: October 1, 2018 APPEARANCES: Complainant did not appear. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer _____________________________________________________________________ FINDINGS OF FACT Complainant 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. 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 40 days from the date of that certification. Done this day, October 2, 2018

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors

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