FINACT2019-02246.pdf

2019A-02246-CHC-ROC · Registrar of Contractors · 2020-02-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Derrick Clifton Umphlett, Case No. 2019-02246 COMPLAINANT, Docket No. 2019A-02246-CHC-ROC v. Gomez Pools & Service LLC, FINAL ADMINISTRATIVE License No. ROC 316303, DECISION AND 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

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 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 March 3, 2020. FINAL NOTE  On page 1, Finding of Facts number 2, replace appeared with appear

Dated January 30, 2020. By: /s/ Joseph Citelli Joseph Citelli, Chief Legal Council Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 30, 2020 to: Respondent Gomez Pools & Service LLC 1076 S 4th Ave Yuma, AZ 85364-9764

Complainant Derrick Clifton Umphlett 2554 W 16th St #404 Yuma, AZ 85364 Copy sent electronically this same date to:

Office of Administrative Hearings Jenna Clark, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-02246

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 1.13.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Derrick Clifton Umphlett, No. 2019A-02246-CHC-ROC COMPLAINANT, ADMINISTRATIVE LAW JUDGE v. DECISION

Gomez Pools & Service LLC, ROC License: ROC 316303, RESPONDENT.

HEARING: January 10, 2020 at 1:00 PM. APPEARANCES: No appearance(s) by or on behalf of Derrick Clifton Umphlett (“Complainant”). Jerry Gomez appeared on behalf of Gomez Pools & Service LLC (“Respondent”). Ruben Perez appeared as a witness for the Arizona Registrar of Contractors (“ROC”). ADMINISTRATIVE LAW JUDGE: Jenna Clark. _____________________________________________________________________ FINDINGS OF FACT 1. On December 09, 2019, ROC issued a NOTICE OF HEARING setting the above-captioned matter for hearing on January 10, 2020, at 1:00 p.m., at the Office of Administrative Hearings (“OAH”) in Phoenix, Arizona. 2. Complainant did not call in or appeared at the time scheduled for hearing. No written request to continue the above-captioned matter was received from Complainant. 3. After the expiration of a ten-minute grace period, the Administrative Law Judge found Complainant to be in default. No evidence was taken. 4. There is no SETTLEMENT ORDER on file for this case at OAH. CONCLUSIONS OF LAW 1. 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.1

See ARIZ. ADMIN. CODE R2-19-119. RECEIVED 1.13.2020 ROC LEGAL

2. By failing to appear at the hearing, Complainant failed to meet the required burden of proof. As such, the appeal shall be denied. ORDER Based on the foregoing, IT IS ORDERED that Complainant’s appeal is dismissed. IT IS FURTHER ORDERED that this matter is hereby vacated from the calendar of the Office of Administrative Hearings and remanded to ROC for further action, if any. 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 shall be the date of the certification. Done this day, January 10, 2020.

/s/ Jenna Clark Administrative Law Judge

Copy mailed/e-mailed/faxed January 10, 2020, to:

Jeffrey Fleetham, Director Registrar of Contractors 1700 W. Washington St. Ste. 105 Phoenix, AZ 85007-2812 [email redacted] [email redacted]

Gomez Pools & Service LLC, Respondent 1076 S. 4th Ave Yuma, AZ 85364-9764 [email redacted]

Derrick Clifton Umphlett, Complainant 2554 W. 16th St. #404 Yuma, AZ 85364 [email redacted]

By: