FINACT2012A-5871-ROC.pdf

2012A-5871-ROC · Registrar of Contractors · 2013-12-05

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Terry and Shannon Smith ) CASE NO: 2012-5871 ) COMPLAINANTS ) ) DOCKET NO. 2012A-5871-ROC -v- ) ) Monreal's Construction LLC ) ORDER License No. C-9.215881-R ) ) RESPONDENT ) ) The Registrar adopts the Administrative Law Judge's Findings of Fact and Conclusions of Law with the following modifications: On page 6, lines 6 ½ - 9 ½, “Such prior license … through December 6, 2011,” shall be replaced with “Such prior license record reflects that Respondent’s C-9.215881-R license is current as of the date of this Order. The record further reflects Respondent’s C-9.215881-R license was disciplinarily suspended January 22, 2007 to February 5, 2007 and subsequently placed on probation February 5, 2007 to June 5, 2007 related to Case No. M06-1659. Respondent’s license was then administratively suspended for lack of bond on March 8, 2008 to May 22, 2008, April 18, 2009 to May 26, 2009, August 4, 2009 to October 22, 2009, and then suspended for non-renewal on February 1,

2010 to December 2010.”

On page 8, delete paragraph 7, lines 6 ½ - 12 ½.

The Registrar rejects the Administrative Law Judge’s attached Recommended Order instead IT IS

ORDERED that Respondent’s C-9.215881-R License be suspended for thirty (30) days on the effective

date of this Order. Immediately following the suspension period, Respondent’s license shall be placed on

disciplinary probation for a period of one hundred eighty (180) days.

IT IS FURTHER ORDERED that pursuant to A.R.S. § 32-1154(D), Respondent pay $500.00 as a

civil penalty to the Registrar. 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

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 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 the appropriate discipline

in this matter based on the following aggravating factors: 1) Respondent’s license has prior disciplinary

and administrative offenses, 2) Respondent has had three (3) complaints within the last twenty-four

months of which included violations of A.R.S. §§ 32-1154(A)(2), and (3); 3) Respondent has one pending

complaint under License Nos. C-9.215881-R and L-9.243935-C for alleged violations of A.R.S. § 32-

1154(A)(3), (13), (17), (21), and (23) demonstrating a lack of concern by repeating the violations of

A.R.S. § 32-1154(A)(3), (13), (17), and (23) in this pending matter.

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 Monreal's Construction LLC 10110 E Jenan Dr Scottsdale, AZ 85260-5921

Complainant Terry and Shannon Smith 4139 E Roma Ave Phoenix, AZ 85018-4248

James B Rolle III Esq Law Offices of JAMES B. ROLLE 608 E Missouri Ave Ste E Phoenix, AZ 85012-1377

cc: OAH Case No. 2012-5871/sb/mc