FINACT2018A-4080-ROC.pdf

2018A-4080-ROC · Registrar of Contractors · 2019-01-22

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Troy Lawrence Evans, Case No. 2018-4080 COMPLAINANT, Docket No. 2018A-4080-ROC v. FINAL ADMINISTRATIVE DECISION Little Oasis Landscaping LLC, AND ORDER License No. ROC 248340, 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 February 27, 2019.

FINAL NOTE

On page 2, line 18 replace “2011-6409” with “2018-4080.”

Dated January 18, 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 January 18, 2019 to: Respondent Little Oasis Landscaping LLC 1717 S Montierth Ln Safford, AZ 85546 Complainant Troy Lawrence Evans 6867 S Over the Hill Rd Safford, AZ 85546 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 Diane Mihalsky, Administrative Law Judge

Case No. 2018-4080 / 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 1.3.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Troy Lawrence Evans, No. 2018A-4080-ROC

COMPLAINANT, ADMINISTRATIVE LAW JUDGE DECISION v.

Little Oasis Landscaping LLC, License No: 248340,

RESPONDENT.

HEARING: January 2, 2019, at 8:30 a.m. APPEARANCES: Troy Lawrence Evans (“Complainant”) failed to appear; Little Oasis Landscaping LLC (“Respondent”) appeared through Kenny Petitt, one of its members. ADMINISTRATIVE LAW JUDGE: Diane Mihalsky

FINDINGS OF FACT 1. The Arizona Registrar of Contractors (“the Registrar”) issued License No. C- 248340 to Respondent. 2. The Registrar received a complaint against Respondent Complainant. Complainant provided his mailing address on the complaint form. 3. The Registrar referred the matter to the Office of Administrative Hearings (“the OAH”), an independent State agency, for an evidentiary hearing. 4. The Registrar issued a Notice of Hearing, setting a hearing on January 2, 2019, at 8:30 a.m. at the OAH. The Notice of Hearing advised Complainant that “[y]our attendance is required and you must be prepared to produce relevant and material testimony and evidence in support of your position.” 5. The Registrar mailed a copy of the Notice of Hearing to Complainant at the address on his complaint.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 1.3.2019 ROC LEGAL

6. Although the start of the hearing was delayed seventeen minutes, Complainant did not request to appear telephonically, did not appear, personally or through an attorney, and did not contact the OAH to request a continuance or that the

start of the hearing be further delayed. Consequently, Complainant did not present any

evidence to prosecute his complaint to the Registrar against Respondent.

CONCLUSIONS OF LAW

1. The Notice of Hearing that the Registrar mailed to Complainant at the

address that he provided was reasonable and he is deemed to have received notice of

the hearing.1

2. Complainant bears the burden of proof to establish that Respondent violated

the charged provisions of A.R.S. § 32-1154(A) by a preponderance of the evidence.2

3. Complainant by failing to appear or to present any evidence at the duly

noticed hearing failed to meet his burden to establish that Respondent violated the

charged statutes. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the final order, the Registrar dismiss Complainant Troy Lawrence Evans’ complaint in Case 2011-6409 against Respondent Little Oasis Landscaping LLC’s License No. 248340. 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 2, 2019. /s/ Diane Mihalsky Administrative Law Judge Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors

See A.R.S. §§ 41-1092.04 and 41-1092.05(D). See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119; see also Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837, 838 (1952).