FINACT2013A-4577-ROC.pdf

2013A-4577-ROC · Registrar of Contractors · 2014-04-02

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) ORDER Registrar of Contractors ) ) COMPLAINANT ) ) -v- ) Customwest Inc. ) ) ) ) The Registrar adopts the Administrative Law Judge's attached Findings of Fact. The Registrar rejects the ALJ’s Conclusions of Law numbers three (3) and four (4). Justification: The qualifying party and president of Respondent, Mr. Rein, was named on a license that was revoked four times in other matters, with civil penalties remaining outstanding. To therefore state that Respondent, a corporation essentially run by Mr. Rein, has a clean record with the Registrar is irrelevant to whether § 32-1154(A)(21) warrants discipline. Discipline without condition is warranted as a matter of public policy to prevent individuals from moving from entity to entity to avoid Registrar regulatory action. Further, based on the multiple revocations in place against a company Mr. Rein owned and operated as qualifying party and member, unconditional revocation of this Respondent’s license is warranted. The Registrar further rejects the Administrative Law Judge’s attached Recommended Order and instead IT IS ORDERED that Respondent’s B.194204-R License be revoked upon the effective date of this Order. Based on this Decision, the Order, as modified, shall become effective on May 5, 2014. IT IS SO ORDERED this 26th 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 26th day of March, 2014 to:

Respondent Customwest Inc. 8052 E. Mcdowell Rd. Mesa, AZ 85207-1324

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 AND copy electronically mailed this same date to:

Registrar’s Counsel Michael D. Raine, Esq., Assistant Attorney General

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

Case No. 2013-4577 /mkc