FINACT2012A-4839-ROC.pdf

2012A-4839-ROC · Registrar of Contractors · 2013-08-06

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) David P Sebastian ) CASE NO: 2012-4839 ) COMPLAINANT ) ) DOCKET NO. 2012A-4839-ROC -v- ) License No. C65R.154978-R of ) Southwest Designs Of Arizona Window ) ORDER Coverings Inc ) ) RESPONDENT ) ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law Nos. 1 through 4. The Registrar rejects the Administrative Law Judge’s attached Conclusion of Law No. 5. The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Instead, IT IS ORDERED that Respondent’s C65R.154978-R License be revoked on the effective date of this Order. Pursuant to A.R.S. § 32-1154(E), IT IS FURTHER ORDERED that Respondent pay $1,000.00 as a civil penalty to the Registrar. The failure by the licensee to pay any civil penalty imposed under this

subsection results in the automatic permanent revocation of the license thirty (30) days after the effective

date of this Order. The Registrar shall not issue any future or additional contractor`s licenses to any entity

consisting of a person associated with Respondent, as defined in A.R.S. § 32-1101(A)(5), unless payment

of any and all outstanding civil penalties are tendered.

Justification: Respondent’s C65R.154978-R License expired on June 1, 2013, and as such

cannot be reinstated. Respondent did not bother to appear at the hearing on this matter; therefore, there is

no reason the provide Respondent with another opportunity to avoid discipline of its license. The

Registrar maintains that unconditional revocation is the appropriate discipline in this matter.

Furthermore, contracting or offering to contract or submitting a bid while the license is under suspension

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 or while the license is on inactive status is a serious violation reflecting disregard by the contractor for its

responsibility as a licensee and mandates the imposition of an appropriate civil penalty.

Based on this Order, the Decision, as modified, shall become effective on September 11, 2013.

Any request for rehearing must be filed on or before September 6, 2013. Any appeal to the Superior

Court must be filed on or before the effective date set forth above.

IT IS SO ORDERED this 2nd day of August, 2013.

Registrar of Contractors

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

Respondent(s) Southwest Designs Of Arizona Window Coverings Inc 17060 W Post Dr Surprise, AZ 85388-1307

Complainant(s) David P Sebastian 1330 E Lupine Ave Phoenix, AZ 85020-1229

cc: OAH Case No. 2012-4839 /sm