FINACT2018A-4179-ROC.pdf

2018A-4179-ROC · Registrar of Contractors · 2019-01-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steel Placers LLC, Case No. 2018-4179 COMPLAINANT, Docket No. 2018A-4179-ROC v. Alexon Design and Landscaping Inc, FINAL ADMINISTRATIVE DECISION DBA: Alexon Design Group, AND ORDER License No. ROC 289045, 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 Order Vacating Hearing, 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 28, 2019.

Dated December 19, 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 19, 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 Steel Placers LLC Scholz Rebar 4024 E Superior Ave Phoenix, AZ 85040 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 Jenna Clark, Administrative Law Judge

Case No. 2018-4179 / AN

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 RECIVED 12.12.2018 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Steel Placers, LLC No. 2018A-4179-ROC dba Scholz Rebar, COMPLAINANT , ORDER VACATING HEARING v.

Alexon Design and Landscaping Inc., dba Alexon Design Group License Nos: 289045 and 289046 RESPONDENT.

On October 24, 2018, the Registrar of Contractors issued a NOTICE OF HEARING setting the above-captioned matter for hearing on Wednesday, December 12, 2018, at 1:30 p.m., at the Office of Administrative Hearings in Phoenix, Arizona. The NOTICE OF HEARING was mailed to Complainant’s address of record.1 Complainant failed to appear at the time scheduled for hearing and did not submit a request to appear telephonically. After the expiration of a fifteen-minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken. There is no SETTLEMENT ORDER or REQUEST TO CLOSE CASE on file for this case at the Office of Administrative Hearings. 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 preponderance of the evidence.2 By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. Based on the foregoing, IT IS ORDERED that this appeal is dismissed. Done this day, December 12, 2018.

/s/ Jenna Clark Administrative Law Judge

1 The NOTICE was not returned by the United States Postal Service as “undeliverable.” See ARIZ. ADMIN. CODE R2-19-119. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECIVED 12.12.2018 ROC LEGAL

Transmitted by either mail, e-mail, or facsimile December 12, 2018 to: Jeffrey Fleetham, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Steel Placers LLC, Complainant dba Scholz Rebar 4024 E Superior Ave Phoenix, AZ 85040 [email redacted]

Alexon Design and Landscaping Inc., Respondent dba Alexon Design Group 170 S William Dillard Dr Bldg 6 Suite 115 Gilbert, AZ 85233 [email redacted]

By c. serrano