FINACT2013A-1389-ROC.pdf

2013A-1389-ROC · Registrar of Contractors · 2013-12-27

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) ORDER Harold Black ) ) COMPLAINANT ) ) -v- ) Beyond Brick Tucson Inc ) ) ) ) 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, and instead IT IS ORDERED that Respondent’s KB-2.281336-D License be suspended for a period of fifteen (15) days commencing upon the effective date of this Order. Immediately following the suspension period, Respondent’s KB-2.281336-D License shall be placed on probation for a period of ninety (90) days. IT IS FURTHER ORDERED that the suspension imposed will remain in effect until the Registrar receives, and accepts, written proof that Beyond Brick Tucson Inc. has brought all of its business cards, business forms, and contacts into full compliance with the provisions of A.R.S. §§ 32-1124(B), 32-1158 and 32-1154(A)(15). Justification: The Registrar maintains that a finite period of suspension is proper discipline to impose in this matter as Respondent was found to have violated A.R.S. § 32-1154(A)(15). A violation of this nature can be confusing to the public and may contribute to the exploits of unscrupulous and unqualified contractors. Further, Respondent’s Motion to Dismiss filed on or about September 19, 2013 asserted it did not contract with Mr. Black or perform any work at the house. Respondent at the hearing took the position in direct conflict with what was submitted in the Motion to Dismiss. This attempt to misrepresent contractual obligations and the facts of this case warrant an unconditional periodic suspension followed by provisional suspension until compliance. Based on this Decision, the Order, as modified, shall become effective on January 29, 2014. IT IS SO ORDERED this 20th day of December, 2013. Registrar of Contractors

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

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 20th day of December, 2013 to:

Respondent Beyond Brick Tucson Inc. 1851 N. Painted Hills Rd. Tucson, AZ 85745-1533

Joel L. Herz, Esq. LAW OFFICES OF JOEL L. HERZ 3573 E. Sunrise Dr., Ste. 215 La Paloma Corporate Center Tucson, AZ 85718-3206

Complainant Harold Black 4963 W. Camino De Manana Tucson, AZ 85742-9710

Eric Hawkins, Esq DURAZZO ECKEL & HAWKINS PC N. Tucson Blvd. Tucson, AZ 85716-4737

cc: OAH Case No. 2013-1389 /mkc