FINACT2013A-3689-ROC-rf.pdf

2013A-3689-ROC-rf · Registrar of Contractors · 2015-09-24

BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA ) In the Matter of: ) CASE NO: 2013-3689 ) William B Kennedy Sr. ) ) DOCKET NO. 2013A-3689-ROC-rf COMPLAINANT ) ) ) FINAL ADMINISTRATIVE DECISION ) AND ORDER ) )

Under A.R.S. § 41-1092.08(B), the Registrar may review and modify an administrative law

judge’s written decision. If the Registrar modifies that decision, then the Registrar must provide

“written justification setting forth the reasons for the modification.” A.R.S. § 41-1092.08(F)(1).

In this case, a hearing was held and the administrative law judge issued a written decision. See

Administrative Law Judge Decision, attached.

MODIFICATION AND WRITTEN JUSTIFICATION

The Administrative Law Judge Decision lists Mr. Kennedy’s zip code as “85406.” However,

the complaint submitted by Mr. Kennedy lists his zip code as “85306”. Additionally, the phrase found

on, page 4, line 16, and page 6, line 10 “Mr. Kennedy did not intend to occupy or intend to occupy the

Glendale house,” should be replaced with the phrase “Mr. Kennedy did not occupy, or intend to

occupy the Glendale house,” as written on the Registrar’s April 27, 2015 Notice and Order of

Recovery Fund Ineligibility.

CONCLUSION AND ORDER

For the sake of clarity, the Registrar hereby replaces the “85406” with “85306,” and the

Registrar hereby replaces “Mr. Kennedy did not intend to occupy or intend to occupy the

Glendale house” with “Mr. Kennedy did not occupy, or intend to occupy the Glendale house.”

The substance of the Administrative Law Judge Decision is hereby accepted by the Registrar and

becomes effective on October 19, 2015.

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 9th day of September, 2015. REGISTRAR OF CONTRACTORS

/s/ James Hanson James N. Hanson Chief Counsel

Copy mailed via USPS First Class mail this 9th day of September, 2015 to: Respondent Valley Of The Sun Roofing LLC P.O. Box 492 Tolleson, AZ 85353-0492 Complainant William B. Kennedy Sr. 5302 W. Paradise Ln Glendale, AZ 85306-2533

AND copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Esq., Assistant Attorney General Office of Administrative Hearings M. Douglas, Administrative Law Judge

cc: Residential Contractor’s Recovery Fund

Case No. 2013-3689

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