FINACT2012A-5587-ROC.pdf

2012A-5587-ROC · Registrar of Contractors · 2013-10-30

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Robert Kitley and Evangeline Kitley ) CASE NO. 2012-5587 ) COMPLAINANTS ) ) DOCKET NO. 2012A-5587-ROC -v- ) License No. K-9.231495-D of ) Cummings Contractors LLC ) ORDER ) RESPONDENT ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law. The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Instead, IT IS ORDERED that on the effective date of the Order, Respondent’s K-9.231495-D License be suspended for a period of seven days. IT IS FURTHER ORDERED that in addition to the suspension imposed by this Order, Respondent’s K-9.231495-D License shall be placed on disciplinary probation for a period of 60 days commencing on the expiration of the seven-day suspension imposed by this Order. 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 of Respondent to pay any civil penalty imposed under this subsection results in the automatic revocation of the license 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: The Registrar maintains that a finite period of suspension is the appropriate disciplinary sanction in this matter based on Respondent’s violation of A.R.S § 32-1154(A) and the absence of any prior discipline of its license. Based on this Order, the Decision, as modified, shall become effective on December 3, 2013. Any request for rehearing must be filed on or before November 28, 2013. Any appeal to the Superior Court must be filed on or before the effective date set forth above.

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 IT IS SO ORDERED this 24th day of October, 2013.

Registrar of Contractors

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

Respondent Cummings Contractors LLC 7498 Martin Dr Mohave Valley, AZ 86440-9107

Complainants Robert Kitley and Evangeline Kitley 2363 E Willowleaf Dr Mohave Valley, AZ 86440-8927

cc: OAH Case No. 2012-5587 /sgm