FINACT2018A-3721-ROC.pdf

2018A-3721-ROC · Registrar of Contractors · 2019-02-07

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

So Cal Excavating, LLC, Case No. 2018-3721 COMPLAINANT, Docket No. 2018A-3721-ROC v. FINAL ADMINISTRATIVE DECISION A Z A P General Contracting, LLC, AND ORDER License No. ROC 247916, 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 March 16, 2019.

Dated February 4, 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 February 4, 2019 to: Respondent A Z A P General Contracting LLC 631 E Ivanhoe St Chandler, AZ 85225 Complainant So Cal Excavating LLC 1108 N Pinal Ave Casa Grande, AZ 85122-3302 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 Roger A. Geddes, Administrative Law Judge Case No. 2018-3721 / 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 1.7.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

So Cal Excavating, LLC, No. 2018A-3721-ROC

COMPLAINANT ADMINISTRATIVE LAW JUDGE DECISION v.

A Z A P General Contracting, LLC, License No: 247916

RESPONDENT.

HEARING: December 13, 2018, 1:00 P.M. APPEARANCES: No appearance was made on behalf of Complainant; Jim Staheli and Kevin Poland, members, appeared on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Roger A. Geddes _____________________________________________________________________ FINDINGS OF FACT BACKGROUND AND PROCEDURE

1. Complainant did not appear at the hearing; Jim Staheli and Kevin Poland, members, appeared on behalf of Respondent 2. The Notice of Hearing on this matter, dated November 6, 2018, and mailed to Complainant on or about that same date informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.” 3. The Notice of Hearing further advised of the procedure for requesting a continuance of the hearing. 4. Although the commencement of the hearing was delayed approximately minutes, Complainant did not appear at any time during the hearing through an

authorized officer, employee, attorney, or any other person. Consequently,

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 1.7.2019 ROC LEGAL

Complainant did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request to appear telephonically nor did it request that the hearing be continued. CONCLUSIONS OF LAW 1. The copy of the original Notice of Hearing that the Registrar mailed to Complainant at its address of record was reasonable and Complainant is deemed to have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).

2. 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 these

matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2- 19-119. By failing to appear at the hearing, Complainant did not meet the burden to present evidence in support of the Complaint. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Complainant’s Complaint against Respondent 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

five days from the date of that certification. Done this day, January 7, 2019. /s/ Roger Geddes Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors

RECEIVED 1.7.2019 ROC LEGAL