FINACT2012A-3289-ROC.pdf

2012A-3289-ROC · Registrar of Contractors · 2013-09-20

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) J L K Real Estate Investment Corp ) CASE NO: 2012-3289 ) COMPLAINANT(S) ) ) DOCKET NO. 2012A-3289-ROC -v- ) License Nos. C39R.129614-R, ) L-39.129613-C of ) ORDER K C Air Conditioning Inc ) ) RESPONDENT ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law Nos. 1 through 6 with the following modifications: On page 8, line 13, “this section” shall be replaced with “A.R.S. § 32-1154(A)(11)”. The Registrar rejects Conclusion of Law No. 7. On Page 8, delete lines 15 through 20. Justification: The Registrar maintains that because Respondent holds two licenses, if the Registrar should suspend or revoke either license, then such conduct and circumstances constitutes a violation of A.R.S. § 32-1154(A)(21). The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Instead, IT IS ORDERED that Respondent’s License No. C39R.129614-R and Respondent’s License No. L- 39.129613-C be suspended on the effective date of this Order for a period of three (3) days. IT IS FURTHER ORDERED that Respondent’s License No. C39R.129614-R and Respondent’s License No. L-39.129613-C shall remain suspended, after the expiration of the three-day suspension, until Respondent submits written proof that is satisfactory to the Registrar that Respondent has revised its invoices, estimates, and contracts to fully comply with the requirements of A.R.S. § 32-1124(B) and A.R.S. § 32-1158(B). IT IS FURTHER ORDERED that in addition to the disciplinary suspension imposed on Respondent’s licenses by this Order, Respondent’s License No. C39R.129614-R and Respondent’s License No. L-39.129613-C be placed on a period of disciplinary probation for a period of thirty (30) days, commencing on the expiration of the three-day suspension or the date on which Respondent’s licenses are reinstated, whichever is later. Justification: The Registrar maintains that a finite period of suspension followed by a period of probation is the appropriate disciplinary sanction for Respondent’s violation of ARS 32-1154(A)(1) in

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 this matter. The Registrar also maintains that is appropriate to suspended both Respondent’s licenses until it remedies its violations of A.R.S. § 32-1124(B) and A.R.S. § 32-1158(B). Based on this Order, the Decision, as modified, shall become effective on October 22, 2013. Any request for rehearing must be filed on or before October 17, 2013. Any appeal to the Superior Court must be filed on or before the effective date set forth above.

IT IS SO ORDERED this 12th day of September, 2013.

Registrar of Contractors

/s/ Adam Stafford __________________________ Adam Stafford, Esq. Assistant Chief of the Legal Department

Respondent(s) K C Air Conditioning Inc PO Box 6130 Chandler, AZ 85246-6130

Complainant(s) J L K Real Estate Investment Corp 6730 E McDowell Rd Ste 136 Scottsdale, AZ 85257-3135

cc: OAH Case No. 2012-3289 /sm