FINACT2019A-01682-LDA-ROC.pdf

2019A-01682-LDA-ROC · Registrar of Contractors · 2019-09-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2019-01682

Docket No. 2019A-01682-LDA-ROC v.

Daniel Zrihen, Ruben Brasher, Matthew FINAL ADMINISTRATIVE DECISION AND Zupancic, DBA: AZ Security Team, ORDER License Application No. [number redacted]

APPLICANT.

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 October 28, 2019.

Dated September 18, 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 September 18, 2019 to: Respondent Daniel Zrihen, Ruben Brasher, Matthew Zupancic, DBA: AZ Security Team 6025 W. Shaw Butte Dr. Glendale, AZ 85304

Copy sent electronically this same date to:

Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Respondent at email address on record with the Registrar

Case No. 2019-01682 / VE

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 9.10.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors, No. 2019A-01682-LDA-ROC

v. ADMINISTRATIVE LAW JUDGE Daniel Zrihen, Ruben Brasher, Matthew DECISION Zupancic, DBA: AZ Security Team, License Application No. [number redacted] APPLICANT

HEARING: August 28, 2019 APPEARANCES: No one appeared for the Applicant; Thomas Raine, Esq. for the Registrar of Contractors ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On April 11, 2019, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing on May 28, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. The issue for hearing is the Applicants’ appeal of ROC’s denial of their application for licensure. 3. The matter was continued and was rescheduled to be convened at 1:00 p.m. August 28, 2019. 4. No representative for the Applicants had appeared by 1:17 p.m. on August 28, 2019, and consequently the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. The Applicants have the burden of persuasion. ARIZ. REV. STAT. § 41- 1092.07(G)(1). 2. The standard of proof on all issues in this matter is that of a preponderance of the evidence. ARIZ. ADMIN. CODE § R2-19-119. 3. The Applicants failed to appear and did not meet their burden to show that their application should be approved. 4. Consequently, this matter should be dismissed.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.10.2019 ROC LEGAL

ORDER

IT IS ORDERED that the Applicants’ appeal is dismissed and the Registrar of

Contractor’s denial of their application is affirmed.

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, September 4, 2019.

/s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors