FINACT2019A-02891-ROC.pdf

2019A-02891-NPC-ROC · Registrar of Contractors · 2019-10-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Next Step Floors LLC, Case No. 2019-02891

COMPLAINANT, Docket No. 2019A-02891-NPC-ROC

v. FINAL ADMINISTRATIVE DECISION AND ORDER Cadiente Construction LLC, DBA: Service Master Restoration By Cadiente, License No. ROC 299178,

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 11, 2019.

Dated October 2, 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 2, 2019 to: Respondent Cadiente Construction LLC DBA: Service Master Restoration By Cadiente 1548 N Tech Blvd Ste 103 Gilbert, AZ 85233

Complainant Next Step Floors LLC 1716 W 4th St Tempe, AZ 85281 Copy sent electronically this same date to: Office of Administrative Hearings Rogger A. Geddes, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2019-02891 / KR

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 9.25.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Next Step Floors LLC, No. 2019A-02891-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE Cadiente Construction LLC, DECISION DBA: Service Master Restoration By Cadiente, ROC License: ROC 299178, 264008, RESPONDENT

HEARING: September 5, 2019, 9:00 A.M. APPEARANCES: No appearance on behalf of Complainant; no appearance on behalf of Respondent ADMINISTRATIVE LAW JUDGE: Roger A. Geddes _____________________________________________________________________

FINDINGS OF FACT 1. Neither Complainant nor Respondent appeared at the hearing. 2. The Notice of Hearing on this matter, dated July 18, 2019, informed the parties that “[f]ailure to attend the scheduled hearing is likely to result in an adverse ruling against you.” 3. The Notice of Hearing further advised of the procedure for requesting a continuance of the hearing. 4. Although the commencement of the hearing was delayed approximately minutes, Complainant did not appear at any time during the hearing through an authorized officer, employee, attorney, or any other person. Consequently, Complainant did not present any evidence against Respondent to warrant disciplinary action. Complainant further did not request to appear telephonically and did not request that the hearing be continued. /// /// Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.25.2019 ROC LEGAL

CONCLUSIONS OF LAW

1. The copy of the original Notice of Hearing that the Registrar mailed to

Complainant at his address of record was reasonable and Complainant is deemed to

have received notice of hearing. A.R.S. §§ 41-1092.4 and 41-1092.05(D).

2. 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 these

matters is by preponderance of the evidence. See Arizona Administrative Code Rule 2-

19-119. By failing to appear at the hearing, Complainant did not meet the burden to

present evidence in support of the complaint.

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 5 days from the date of that certification. Done this day, September 25, 2019.

/s/ Roger Geddes Administrative Law Judge

Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors