FINACT2012A-5093-ROC.pdf

2012A-5093-ROC · Registrar of Contractors · 2013-12-27

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Virginia Cruz ) CASE NO: 2012-5093 ) COMPLAINANT ) ) DOCKET NO. 2012A-5093-ROC -v- ) License No. C39R.103060-R of ) AL Tech Energy Management Inc ) ORDER ) 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 C39R.103060-R License be revoked. 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aggravating factors: 1) Respondent failed to appear at the October 30, 2013 hearing and 2) Respondent’s license was revoked on August 26, 2013 and again on September 26, 2013 in an unrelated matter. Further, the Registrar does not impose finite revocations upon a license. There is no statute or rule that allows a revoked license to be reinstated. Based on this Decision, the Order, as modified, shall become effective on January 28, 2014.

IT IS SO ORDERED this 19th day of December, 2013.

Registrar of Contractors

/s/ Marc A. D’Amore __________________________ Marc A. D’Amore Chief of the Legal Department

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of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Copy mailed via USPS First Class mail this 19th day of December, 2013 to: Respondent AL Tech Energy Management Inc. 21402 N. 7th Ave. Phoenix, AZ 85027-2905

Complainant Virginia Cruz 9141 W. Kerry Ln. Peoria, AZ 85382-4624

cc: OAH Case No. 2012-5093 /mkc