FINACT2018A-3721-ROC-REHRG.pdf

2018A-3721-ROC-REHRG · Registrar of Contractors · 2019-05-10

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

So Cal Excavating LLC, Case No. 2018-3721 COMPLAINANT, Docket No. 2018A-3721-NPC-ROC v. A Z A P General Contracting LLC, FINAL ADMINISTRATIVE DECISION License No. ROC 247916, 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 18, 2019.

Dated May 9, 2019.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Registrar of Contractors /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

Copy mailed via USPS First Class mail May 9, 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 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. 2018-3721 / SA

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECEIVED 4.25.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

So Cal Excavating LLC, No. 2018A-3721-ROC-REHRG COMPLAINANT v. ADMINISTRATIVE LAW JUDGE A Z A P General Contracting LLC, DECISION ROC License: ROC 247916 RESPONDENT

HEARING: April 25, 2019 APPEARANCES: Complainant did not appear. Kevin Poland and Jim Staheli appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 15 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 days from the date of that certification. Done this day, April 25, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 4.25.2019 ROC LEGAL

Registrar of Contractors