FINACT2019A-01557-CHC-ROC-FinalAgencyAction-6642.pdf

2019A-01557-CHC-ROC · Registrar of Contractors · 2019-11-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dobson Bay Club HOA, Case No. 2019-01557

COMPLAINANT, Docket No. 2019A-01557-CHC-ROC v.

K & A Best Fabrication LLC FINAL ADMINISTRATIVE DECISION AND License No. ROC 294532, 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 January 4, 2020.

Dated November 25, 2019.

By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund

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 November 25, 2019 to: Respondent K & A Best Fabrication LLC 6133 E Ellis St Mesa, AZ 85205-5940 Complainant Dobson Bay Club HOA 1331 W Baseline Rd Suite 201 Mesa, AZ 85202

Complainant’s Attorney Chandler W Travis Esq. 10621 S 51st St Ste 103 Phoenix, AZ 85044 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 Complainant’s Attorney at email address of record with Registrar Office of Administrative Hearings Thomas Shedden, Administrative Law Judge Case No. 2019-01557 / SA

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 11.6.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Dobson Bay Club HOA, No. 2019A-01557-CHC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE K & A Best Fabrication LLC, DECISION ROC License: ROC 294532, RESPONDENT

HEARING: October 4 and November 5, 2019 APPEARANCES: No authorized representative appeared for Complainant on October 4, 2019; Chandler Travis, Esq. appeared for Complainant on November 5, 2019; Kevin Liszewski appeared for Respondent both dates ADMINISTRATIVE LAW JUDGE: Thomas Shedden

This matter was scheduled to be convened on October 4, 2019. Prior to that date neither party submitted a disclosure statement. The matter was convened on October 4, 2019, but Complainant did not have a representative who met the requirements of Arizona Supreme Court Rule 31 and Respondent did not object to the matter being continued. At

that time the parties were reminded of the requirement to submit disclosure statements prior

to the new hearing date.

The matter was rescheduled for hearing on November 5, 2019. Again neither party submitted a disclosure statement. Complainant was represented by counsel but had no witnesses or members of the corporate HOA present.1 Discussion was held as to the scope of the hearing, which was in dispute because there were two complaints in the administrative record. Complainant’s attorney took the position that both complaints were at issue, whereas Respondent took the position that one of the complaints had been dismissed by ROC.

1 Counsel informed the tribunal that Complainant was intending to rely on examination of Respondent’s owner to present its case. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 11.6.2019 ROC LEGAL

Although the tribunal typically might call the ROC investigator as a witness to clarify the scope of the hearing, ROC’s investigator for the matter did not appear at the continued hearing date.2 Considering Complainant’s repeated failure to file a disclosure statement in light of the above, the Administrative Law Judge informed the parties that the matter was being dismissed. See ARIZ. ADMIN. CODE § R4-9-118(C)(providing the ALJ with authority to dismiss charges and claims when no disclosure is made). IT IS ORDERED that Case Number 2019-01557 is 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 is forty days after the date of that certification.

Done this day, November 6, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors

Office of Administrative Hearings’ personnel contacted the Registrar’s office and learned that the assigned investigator no longer works at ROC. Both parties had agreed to go forward without the investigator present.