FINACT2019A-03856-ROC-FinalAgencyAction-6586.pdf

2019A-03856-NPC-ROC · Registrar of Contractors · 2019-11-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Puckett's Flooring Company, Case No. 2019-03856

COMPLAINANT, Docket No. 2019A-03856-NPC-ROC v.

T K Quality Builders LLC FINAL ADMINISTRATIVE DECISION AND DBA: Anthony's Fine Homes, ORDER License No. ROC 247641,

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 December 8, 2019

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 October 29, 2019. 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 October 29, 2019 to: Respondent T K Quality Builders LLC DBA: Anthony's Fine Homes 3941 E Chandler Blvd Ste 106-196 Phoenix, AZ 85048 Complainant Puckett's Flooring Company 8057 S Priest Dr Tempe, AZ 85284

Complainants Attorney Edward J. Marko, Esq. 14820 N Cave Creek Rd Ste 6 Phoenix, AZ 85032 Copy sent electronically this same date to: Office of Administrative Hearings Antara Nath Rivera, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Complainant’s Attorney at email address of record with Registrar Case No. 2019-03856 / DU

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 10.18.2019 OAH ALJ Recommendations - AZROC <[email redacted]> ROC LEGAL

New ALJ Decision transmitted for ROC (2019A-03856-NPC-ROC) message

OAH Electronic Decision Transmission System <[email redacted]> Fri, Oct 18, 2019 at 12:54 PM To: [email redacted]

This is a message from the Arizona Office of Administrative Hearings to inform you that a decision has been transmitted for Registrar of Contractors. The details are as follows:

Decision type: ALJ Decision Matter ID: 2019A-03856-NPC-ROC Filed by: OAH Filed on: 10/18/2019 Due Date for Final Agency Action (if applicable): 11/22/2019

You may access this decision at https://portal.azoah.com/aljdec/documents/ROC/2019A-03856-NPC-ROC-ALJDecision-6573.pdf.

To view all available ALJ decisions, visit https://portal.azoah.com/aljdec/documents/ROC/. RECEIVED 10.18.2019 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Puckett's Flooring Company, No. 2019A-03856-NPC-ROC COMPLAINANT v. ADMINISTRATIVE LAW JUDGE DECISION T K Quality Builders LLC, DBA: Anthony's Fine Homes ROC License: ROC 247641 RESPONDENT

HEARING: APPEARANCES: ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera _____________________________________________________________________ HEARING: October 17, 2019 APPEARANCES: Complainant did not appear. Anthony Gomma appeared on behalf of Respondent. ADMINISTRATIVE LAW JUDGE: Antara Nath Rivera FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 15 minutes beyond the scheduled start time, but no one appeared on behalf of Complainant. CONCLUSIONS OF LAW By failing to appear at the hearing, Complainant 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, 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 days from the date of that certification. Done this day, October 18, 2019. /s/ Antara Nath Rivera Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 RECEIVED 10.18.2019 ROC LEGAL

Administrative Law Judge Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors