FINACT2013A-4181-ROC.pdf

2013A-4181-ROC · Registrar of Contractors · 2014-03-18

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Registrar of Contractors ) CASE NO: 2013-4181 ) COMPLAINANT ) ) DOCKET NO. 2013A-4181-ROC -v- ) A‘Baja Facility Service, Inc. ) License Nos. B.251505-R ) ORDER B-1.260285-C ) B-2.248103-C ) ) RESPONDENT ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact The Registrar adopts the Administrative Law Judge’s attached Conclusions of Law Nos. 1, 2, 3, 4, 5, 6, 7 and 8 with the following modifications: On page 4, lines 19-20 “(1) order Respondent. . . amount of time” shall be replaced with “(1) order Respondent’s license to be suspended, in addition, a probation period is warranted.” The Registrar rejects Conclusions of Law No. 9. On page 4 delete lines 24 through 29. Justification: The Registrar maintains that because Respondent holds three licenses, if the Registrar should suspend or revoke one of the licenses, then such conduct and circumstances constitutes a violation of A.R.S. § 32-1154(A)(21). The Registrar rejects the Administrative Law Judge’s attached Recommended Order, and instead IT IS ORDERED that Respondent’s License Nos. B.251505-R, B-1.260285-C and B-2.248103-C be suspended for a period of five (5) days commencing upon the effective date of this Order. Immediately following the suspension period, Respondent’s License Nos. B.251505-R, B-1.260285-C and B- 2.248103-C 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 Respondent has brought its contracts into full compliance with the provisions of A.R.S § 32-1158(B). Pursuant to A.R.S § 32-1154(D), IT IS FURTHER ORDERED that Respondent pay a civil penalty of $250.00 to the Registrar for its violation of A.R.S § 32-1154(A)(23). If Respondent fails to pay this civil penalty amount in full within 30 days of the effective date of this Order, the Registrar shall automatically revoke Respondent’s licenses, with no further notice. The Registrar shall not issue any future or additional contractor’s licenses to any entity comprised of the persons associated with

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Respondent, as defined in A.R.S. 32-1101(A)(5), unless Respondent or any of the parties defined in A.R.S. 32-1101(A)(5) pay any and all outstanding civil penalties. Justification: The Registrar maintains that a finite period of suspension is the proper discipline to impose in this matter. The parties’ inability to communicate and resolve their differences render provisional terms of discipline futile. Further, the Registrar views violations of A.R.S. § 32-1154(A)(2) to be a public health and safety concern aggravating the substantiated violations that warrants a brief period of unconditional suspension. Based on this Decision, the Order, as modified, shall become effective on April 21, 2014. IT IS SO ORDERED this 10th day of March, 2014.

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 10th day of March, 2014 to: Respondent A‘Baja Facility Service, Inc Po Box 20588 Fountain Hills, AZ 85269-0588

AND

Patricia A Buchanan 5200 S 3rd St Phoenix, AZ 85040-8704

AND copy electronically mailed this same date to:

Registrar’s Counsel John Tellier, Esq., Assistant Attorney General

Office of Administrative Hearings Eric A. Bryant, Administrative Law Judge

Case No. 2013-4181 /mkc