FINACT2018A-3201-CPA-ROC.pdf

2018A-3201-CPA-ROC · Registrar of Contractors · 2018-12-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

IN THE MATTER OF THE CIVIL PENALTY Case No. 2018-3201 CITATION ISSUED TO: Docket No. 2018A-3201-CPA-ROC Kenneth Simms, RESPONDENT. FINAL ADMINISTRATIVE DECISION AND ORDER

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 20, 2019.

Dated December 11, 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 December 11, 2018 to: Respondent Kenneth Simms 10421 E 39th St Yuma, AZ 85365 Kenneth Simms 8030 La Mesa Blvd #153 La Mesa, CA 91942 AND copy electronically mailed this same date to: Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Registrar’s Counsel Assistant Attorney General Case No. 2018-3201 / AN

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 IN THE OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF THE CIVIL PENALTY No. 2018A-3201-CPA-ROC CITATION ISSUED TO: ADMINISTRATIVE LAW JUDGE Kenneth Simms DECISION HEARING: November 5, 2018 APPEARANCES: No one appeared for either party ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT 1. On October 3, 2018, the Registrar of Contractors (“ROC”) issued a Notice of Hearing on Citation and Civil Penalty setting the above-captioned matter for hearing at 1:00 p.m. November 5, 2018 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for either party appeared by 1:15 p.m., and consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. ROC bears the burden persuasion. ARIZ. REV. STAT. § 41-1092.07(G)(3). 2. ROC failed to appear and no one was present at the hearing to prosecute the matter. Consequently, the Citation is unsupported by evidence. 3. Because the Citation is unsupported by any evidence, this matter should be dismissed. ORDER IT IS ORDERED that Case No. 2018-3201is 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.

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

Done this day, November 15, 2018. /s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors