FINACT2012A-5342-ROC.pdf

2012A-5342-ROC · Registrar of Contractors · 2014-01-17

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

Wedding Plaza LLC dba Bamboo Bakery ) FKA: David Pham LLC dba Bamboo Bakery ) CASE NO: 2012-5342 ) COMPLAINANT ) ) DOCKET NO. 2012A-5342-ROC -v- ) License No. KB-2.232046-D of ) Hunter's Home Builders LLC DBA: Hunter's ) ORDER Window and Siding ) ) RESPONDENT ) ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law with the following modifications: On page 15, delete lines 25-26 “Respondent’s prior. . . .in this matter.” The Registrar rejects the Administrative Law Judge’s attached Recommended Decision, and instead IT IS ORDERED; that Respondent’s KB-2.232046-D License is revoked on the effective date of this Order unless the Registrar receives, and accepts, written proof that Respondent has fully complied with items 5, 6, 7, 8, 9 and 10 of the Corrective Work Order, including the unpainted room. IT IS FURTHER ORDERED that prior to the effective date of this Order, the Registrar receives and accepts Respondent’s written proof that Respondent has fully complied with items 5, 6, 7, 8, 9 and 10 of the Corrective Work Order, including the unpainted room, that Respondent’s KB-2.232046-D License is suspended for a period of thirty (30) days commencing upon the effective date of this Order. Immediately following the suspension period, Respondent’s KB-2.232046-D License shall be placed on probation for a period of 365 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 Register maintains that progressive discipline is warranted in this matter based on the following aggravating factors: 1) the record at hearing established that Respondent was not

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 credible and 2) Respondent’s license was disciplinarily suspended on January 10, 2014 in an unrelated matter. Based on this Decision, the Order, as modified, shall become effective on February 25, 2014. IT IS SO ORDERED this 16th day of January, 2014.

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 16th day of January, 2014 to:

Respondent Hunter's Home Builders LLC DBA: Hunter's Window and Siding 9631 N. 43rd Dr. Glendale, AZ 85302-3805

Complainant Wedding Plaza LLC DBA: Bamboo Bakery 1619 E. Monte Vista Rd. Phoenix, AZ 85006-1926

cc: OAH Case No. 2012-5342 /mkc