FINACT2019A-03046-NPC-ROC.pdf

2019A-03046-NPC-ROC · Registrar of Contractors · 2019-10-03

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Desert Breeze Glass LLC, Case No. 2019-03046

COMPLAINANT, Docket No. 2019A-03046-NPC-ROC v.

K R B Development LLC, FINAL ADMINISTRATIVE DECISION AND DBA: Complete Facility Solutions Group, ORDER License No. ROC 206697,

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

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 K R B Development LLC DBA: Complete Facility Solutions Group 23532 N 70th Ave Peoria, AZ 85383 Complainant Desert Breeze Glass LLC 916 E Baseline Rd Ste 104 Mesa, AZ 85204 Copy sent electronically this same date to: Office of Administrative Hearings Thomas Shedden, Administrative Law Judge

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-03046 / 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 9.24.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Desert Breeze Glass LLC, No. 2019A-03046-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE K R B Development LLC, DECISION DBA: Complete Facility Solutions Group, License No. ROC 206697, RESPONDENT

HEARING: September 18, 2019 APPEARANCES: No one appeared for either party ADMINISTRATIVE LAW JUDGE: Thomas Shedden

FINDINGS OF FACT

1. On August 15, 2019, the Registrar of Contractors issued a Notice of Hearing setting the above-captioned matter for hearing at 9:00 a.m. September 18, 2019 at the Office of Administrative Hearings in Phoenix, Arizona. 2. No representative for either party appeared by 9:15 a.m. and, consequently, the matter was not convened and no evidence was taken. CONCLUSIONS OF LAW 1. “At a hearing on an agency action to suspend, revoke, terminate or modify on its own initiative material conditions of a license or permit, the agency has the burden of persuasion.” ARIZ. REV. STAT. § 41-1092.07(G)(2). 2. Because no one appeared and prosecuted the appeal, the appeal is unsupported by evidence and the burden of persuasion has not been met. 3. Consequently, this matter should be dismissed. ORDER IT IS ORDERED that this matter 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 will be forty days after the date of that certification.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 9.24.2019 ROC LEGAL

Done this day, September 24, 2019. /s/ Thomas Shedden Thomas Shedden Administrative Law Judge

Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors