FINACT2019A-00277-ROC.pdf

2019A-00277-ROC · Registrar of Contractors · 2019-10-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Az Crane By Nichols LLC, Case No. 2019-00277

COMPLAINANT, Docket No. 2019A-00277-ROC v.

Pro Cuts Construction LLC, FINAL ADMINISTRATIVE DECISION AND License No. ROC 300240, 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 of each finding of fact or conclusion of law. 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 accepts it. CONCLUSION AND ORDER 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 November 10, 2019. Dated October 1, 2019.

By: /s/ Joseph Citelli Joseph Citelli, Chief Counsel Chief of Legal Department and Recovery Fund Arizona Registrar of Contractors /// ///

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 Copy mailed via USPS First Class mail October 1, 2019 to: Respondent Pro Cuts Construction LLC 14612 W Spur Dr Surprise, AZ 85387 Complainant Az Crane By Nichols LLC 9654 E Greenway St Mesa, AZ 85207 Copy sent electronically 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. 2019-00277/tw

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg131 8/19 RECEIVED 9.26.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Az Crane By Nichols LLC, No. 2019A-00277-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Pro Cuts Construction LLC, DECISION ROC License: ROC 300240, RESPONDENT

HEARING: September 25, 2019 APPEARANCES: Complainant did not appear. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 20 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, September 25, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors

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