FINACT2019A-03842-LDA-ROC-FinalAgencyAction-6858.pdf

2019A-03846-LDA-ROC · Registrar of Contractors · 2020-03-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Arizona Registrar of Contractors, Case No. 2019-03842 & 2019-03846 COMPLAINANT, Docket No. 2019A-03842-LDA-ROC & 2019A-03846-LDA-ROC v. Tactical Masonry & Hardscapes LLC, License Application No. [number redacted], FINAL ADMINISTRATIVE DECISION AND ORDER & Tactical Builders LLC, License Application No. [number redacted], 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 April 22,

2020.

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 Dated March 13, 2020.

By: /s/ Joseph Citelli Joseph Citelli Chief Counsel Chief of Legal Department and Recovery Fund Arizona Registrar of Contractors Copy mailed via USPS First Class mail March 13, 2020 to: Respondent Tactical Masonry & Hardscapes LLC Attn: Travis Matthew Zinner 907 S. Mountain View Apache Junction, AZ 85119 Tactical Builders, LLC Attn: Travis Matthew Zinner 907 S. Mountain View Apache Junction, AZ 85119 Copy sent electronically this same date to: Registrar’s Counsel John Tellier, Assistant Attorney General Office of Administrative Hearings Antara Nath Rivera, Administrative Law Judge Respondent at email address on record with the Registrar Case No. 2019-03842 and 2019-03846 / 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 2.20.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Arizona Registrar of Contractors, No. 2019A-03842-LDA-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE DECISION Tactical Masonry & Hardscapes LLC, License Application No. [number redacted], RESPONDENT

HEARING: February 19, 2020. APPEARANCES: John Tellier, Assistant Attorney General, represented the Arizona Registrar of Contractors, Complainant. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera. _____________________________________________________________________ FINDINGS OF FACT Respondent failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared on behalf of Respondent. CONCLUSIONS OF LAW By failing to appear at the hearing, Respondent did not meet the burden to present evidence in support of the complaint. See A.A.C. R2-19-119. RECOMMENDED ORDER Based on the foregoing, it is recommended that on the effective date of the Registrar of Contractors’ Order, Respondent’s appeal 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 40 days from the date of that certification. Done this day, February 19, 2020.

/s/ Antara Nath Rivera Administrative Law Judge Transmitted electronically to:

Jeffrey Fleetham, Director Registrar of Contractors