FINACT2013A-4397-ROC.pdf

2013A-4397-ROC · Registrar of Contractors · 2014-01-17

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA Registrar of Contractors ) ORDER ) COMPLAINANT ) ) -v- ) ) Bennett Alan Astenius, d.b.a., Man Of The Soil ) Landscaping ) License No. C-21.108391-R ) ) 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 C-21.108391-R License is suspended for a period of thirty (30) days commencing upon the effective date of this Order. Immediately following the suspension period, Respondent’s C-21.108391-R License shall be placed on probation for a period of one hundred and eighty (180) days. Pursuant to A.R.S. § 32-1154(D), IT IS FURTHER ORDERED that Respondent pay a civil penalty of $500.00 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 issuance of this Order, the Registrar shall automatically revoke Respondent`s license, with no further notice. The Registrar shall not issue any future or additional contractor`s licenses to any entity comprised of persons associated with 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) pays 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. Respondent has testified that the previously issued Corrective Work Order was not complied with because Respondent did not agree with the terms of the work to be performed. Respondent’s unwillingness to comply with the Registrar’s written directives and the parties’ inability to communicate and resolve their differences renders provisional terms of discipline futile. Based on this Decision, the Order, as modified, shall become effective on February 26, 2014. IT IS SO ORDERED this 17th day of January, 2014. 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 17th day of January, 2014 to: Respondent Man of The Soil Landscaping 7925-A N. Oracle Rd., Ste 184 Tucson, AZ 85704-6316

Michael A Fleishman Fleishman Law PLC 7925 N. Oracle Rd Tucson, AZ 85704-6316

Amber Winter and Jason Toumey 9977 E. Emily Dr. Tucson, AZ 85730-3152

And electronically mailed this same date to Michael Raine, Esq., Assistant Attorney General

cc: OAH Case No. 2013-4397 /mkc