FINACT2012A-5659-ROC.pdf

2012A-5659-ROC · Registrar of Contractors · 2013-09-20

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Aaron Carlson and Roxanna Carlson ) CASE NO: 2012-5659 ) COMPLAINANT(S) ) ) DOCKET NO. 2012A-5659-ROC -v- ) License No. B.095713-R of ) Shaughnessy Contracting Inc ) ORDER ) RESPONDENT ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact and Conclusions of Law with the following modifications: On page 1, line 15, delete “and Qualifying Party”. On page 2, line 12, delete “and Qualifying Party”. Justification: A review of the Registrar’s records reveals that Francis Neil Shaughnessy is Respondent’s Qualifying Party. The Registrar rejects the Administrative Law Judge’s attached Recommended Order. Instead, IT IS ORDERED that on the effective date of this Order, Respondent’s B.095713-R License be suspended for a period of 30 days. IT IS FURTHER ORDERED that in addition to the suspension imposed by this Order, Respondent’s B.095713-R License shall be placed on disciplinary probation for a period of 180 days commencing on the expiration of the 30-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 by the licensee 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: Respondent’s B.095713-R License was suspended for a period of 10 days, placed on disciplinary probation for 365 days, and required to post an additional disciplinary bond in the amount of $1,000.00 for a period of 24 months in Case No. 2010-19943581. The Registrar maintains that progressive discipline is warranted in this matter based on Respondent’s violations of A.R.S. § 32- 1154(A) and its prior disciplinary suspension. Furthermore, Respondent’s failure to comply with the Registrar`s written directive, the December 13, 2012 Corrective Work Order, in a timely manner merits

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 the imposition of an appropriate civil penalty. See A.R.S. § 32-1154(D). Based on this Order, the Decision, as modified, shall become effective on October 29, 2013. Any request for rehearing must be filed on or before October 24, 2013. Any appeal to the Superior Court must be filed on or before the effective date set forth above.

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

Registrar of Contractors

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

Respondent(s) Shaughnessy Contracting Inc. 15329 W Boca Raton Rd Surprise, AZ 85379-8000

Shaughnessy Contracting Inc. 6045 N. 57th Dr. Glendale, AZ 85301

Complainant(s) Aaron Carlson and Roxanna Carlson 24927 W Quails Nest Ln Wittmann, AZ 85361-8769

cc: OAH Case No. 2012-5659 /sm