ORDER

23F-P24-120-BTR · Board of Technical Registration · 2025-01-23

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In The Matter Of:

Joseph Zeimet

Land Surveyor

Registration No. 45086,

Respondent

No. 23F-P24-120-BTR

ORDER DEEMING ADMISSIONS, REMANDING TO AGENCY

On December 9, 2024, the Arizona Board of Technical Registration (Board) issued its Complaint and Notice of Hearing (CNOH) in this matter. In that CNOH, the Board notified Mr. Zeimet (Respondent) of the following:

A.R.S. §32-128(F) provides that a person who has been notified of charges pending against the person shall file with the Arizona Board of Technical Registration (the “Board”) an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing (“CNOH”). The board may then take disciplinary action pursuant to this chapter without a hearing.

On January 15, 2025, the Board filed its Motion to Deem Allegations Admitted (Motion) with the Tribunal indicating that the CNOH had been sent to Respondent by certified mail and had been delivered to Respondent on December 12, 2024. Further, the Board indicated that “Respondent’s answer to the [CNOH] was technically due on or about January 14, 2025.”

Since January 15, 2025, the Board has not notified the Tribunal that Respondent did file a timely answer to the CNOH; neither has Respondent demonstrated to the Tribunal that he filed a timely answer to the CNOH.

A.R.S. § 32-128(C) provides that the Board may discipline the holder of a certificate or registration who is charged with the commission of any of the following acts: . . . 4. Violation of this chapter . . .

A failure to file an answer is a violation of the applicable laws in A.R.S. Title 32, Chapter 1. The Board has demonstrated that Respondent failed to file a timely answer.

Based solely on the foregoing,

IT IS ORDERED that, pursuant to A.R.S. § 32-128(F), the Tribunal deems the allegations in the Board CNOH to be admitted by Respondent.

IT IS FURTHER ORDERED that the noticed administrative hearing is vacated and the instant matter is remanded to the Board for action consistent with the deeming herein.

ORDERED this day, January 23, 2025.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Judith Stapley

Board of Technical Registration

[email redacted]

Deanie Reh

Assistant Attorney General

Office of the Attorney General

[email redacted]

Joseph Zeimet

42229 W. Cribbage Rd

Maricopa, AZ 85138

[email redacted]

By: OAH Staff