FINACT2019A-04972-NPC-ROC-FinalAgencyAction-6812.pdf

2019A-04972-NPC-ROC · Registrar of Contractors · 2020-02-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Comfort Engineering Inc, Case No. 2019-04972 DBA: Scottsdale Air Heating and Cooling, Docket No. 2019A-04972-NPC-ROC COMPLAINANT, v. FINAL ADMINISTRATIVE KLB HomeCrafters LLC, DECISION AND ORDER License No. ROC 316821, 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 March 30, 2020. Dated February 19, 2020. 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 February 19, 2020 to: Respondent KLB HomeCrafters LLC 8656 E Plaza Ave Scottsdale, AZ 85250 Complainant Comfort Engineering Inc DBA: Scottsdale Air Heating and Cooling 1121 N Sickles Dr Tempe, AZ 85281 Copy sent electronically this same date to: Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2019-04972 / 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 2.7.2020 ROC LEGAL

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Comfort Engineering Inc., No. 2019A-04972-NPC-ROC DBA: Scottsdale Air Heating and Cooling, COMPLAINANT ADMINISTRATIVE LAW JUDGE v. DECISION KLB HomeCrafters LLC, ROC License: ROC 316821, RESPONDENT

HEARING: February 5, 2020 APPEARANCES: Complainant did not appear. Respondent did not appear. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer FINDINGS OF FACT Complainant failed to appear at the hearing. The tribunal waited 20 minutes beyond the scheduled start time, but no one appeared for 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 40 days from the date of that certification. Done this day, February 6, 2020.

/s/ Tammy L. Eigenheer Administrative Law Judge Transmitted electronically to: Jeffrey Fleetham, Director Registrar of Contractors