FINACT2012A-5059-ROC.pdf

2012A-5059-ROC · Registrar of Contractors · 2013-12-05

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Marie Gentilo ) ) COMPLAINANT ) DOCKET NO. 2012A-5059-ROC ) -v- ) ) ORDER License No. C-61.228506-R of ) No Limit Remodeling and Repair Inc dba ) ) Cadence Design and Interiors ) RESPONDENT ) ) The Registrar adopts the Administrative Law Judge's Findings of Fact and Conclusions of Law. The Registrar rejects the Administrative Law Judge’s Recommended Order and instead IT IS ORDERED that Respondent’s C-61.228506-R License be suspended for thirty (30) days upon the effective date of this order. Immediately following this period of suspension, Respondent shall be placed on disciplinary probation for a period of one hundred eighty (180) days. Pursuant to A.R.S. §32-1154(D), IT IS FURTHER ORDERED that Respondent pay $500.00 as a civil penalty to the Registrar. The failure by the licensee to pay any civil penalty imposed under this

subsection results in automatic 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 prior civil penalties is tendered.

Justification: The Registrar maintains that unconditional revocation is appropriate discipline in

this matter based on the following aggravating factors: 1) Respondent failed to appear at the October 4,

2013 hearing and 2) Respondent has had five (5) complaints filed against them with the Registrar within

the past twenty-four months.

Furthermore, Respondent’s failure to comply with the Registrar’s November 9, 2012 Corrective

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Work Order; in a timely manner merits the imposition of a civil penalty. The Registrar maintains that

$500.00 is the appropriate civil penalty in this matter. See A.R.S. §32-1154(D).

Based on this Decision, the Order, as modified, shall become effective on January 7, 2014

IT IS SO ORDERED this 26th day of November, 2013.

Registrar of Contractors

/s/ Marc A. D’Amore __________________________ Marc A. D’Amore Chief of the Legal Department Copy mailed via USPS First Class mail this 26th day of November, 2013 to:

Respondent No Limit Remodeling and Repair Inc DBA: Cadence Design and Interiors 5228 W Lupine Ave Glendale, AZ 85304-3428

Complainant Marie Gentilo 9242 W Gold Dust Ave Peoria, AZ 85345-4349

cc: OAH

Case No. 2012-5059

/mc