FINACT2018A-3303-NPC-ROC.pdf

2018A-3303-NPC-ROC · Registrar of Contractors · 2018-11-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sonoran Shotcrete, LLC, Case No. 2018-3303 COMPLAINANT, Docket No. 2018A-3303-NPC-ROC v. FINAL ADMINISTRATIVE DECISION Alexon Design and Landscaping Inc., AND ORDER DBA: Alexon Design Group, License Nos. 289045, 289046 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 30, 2018. Dated November 21, 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 21, 2018 to: Respondent Alexon Design and Landscaping Inc DBA: Alexon Design Group 170 S William Dillard Dr Bldg 6 Suite 115 Gilbert, AZ 85233 Complainant Sonoran Shotcrete LLC 538 S Boyd Rd Apache Junction, AZ 85119 Blake D. Gunn, Esq. Law Office of Blake D. Gunn 1855 E Southern Ave Ste 103 Mesa, AZ 85204-5227 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 Complainant’s counsel email address on record with the Registrar Office of Administrative Hearings Velva Moses-Thompson, Administrative Law Judge

Case No. 2018-3303 / 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 11.2.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

No. 2018A-3303-NPC-ROC Sonoran Shotcrete LLC, ADMINISTRATIVE LAW JUDGE COMPLAINANT DECISION v.

Alexon Design and Landscaping, Inc. dba Alexon Design Group, License No. 289045, 289046 RESPONDENT

HEARING: October 12, 2018 APPEARANCES: No one appeared for Complainant Sonoran Shotcrete, LLC. No one appeared for Respondent Alexon Design and Landscaping, Inc. dba Alexon Design Group. ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

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FINDINGS OF FACT

1. The Arizona Registrar of Contractors duly issued a Notice of Hearing

setting the above-captioned matter for hearing at 1:00 p.m. on October 12, 2018, at the

Office of Administrative Hearings in Phoenix, Arizona.

2. No representative for Complainant appeared by 1:20 p.m. 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 by a preponderance of the evidence. See A.A.C. R2-19-119. 2. Because Complainant failed to appear and prosecute the appeal, the appeal is unsupported by evidence.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 11.2.2018 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

40 days from the date of that certification.

Done this day, November 1, 2018.

/s/ Velva Moses-Thompson Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors