FINACT2013A-4952-ROC.pdf

2013A-4952-ROC · Registrar of Contractors · 2015-12-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Rhonda Bannard Docket No. 2013A-4952-ROC COMPLAINANT -v- Case No. 2013-4952 International Custom Homes LLC FINAL ADMINISTRATIVE DECISION DBA: Exotic Flooring AND ORDER License No. CR-8.169011-D

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

administrative law judge’s written decision. If the Registrar modifies or rejects that decision, then the

Registrar must provide written justification setting forth the reasons for the modification or rejection. 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 December 10, 2013 Corrective Work Order does not include the language found on page 3, ¶ 1, of the Administrative Law Judge Decision, and should be removed. Also, page 5, ¶ 17, lists Investigator Gerold as the investigator who testified that the “bamboo wood floor displays excessive cupping and requires proper correction.” However, Investigator Cason was the investigator who testified in this matter. CONCLUSION AND ORDER The Registrar hereby removes ¶ 1 found on page 3 of the Administrative Law Judge Decision and hereby replaces “Investigator Gerald” with “Investigator Cason” on page 5, ¶ 17. The Registrar hereby accepts the substance of the Administrative Law Judge Decision, which becomes effective on December of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 22, 2015. In accordance with the administrative law judge’s decision, IT IS ORDERED that Respondent pay a civil penalty in the amount of $250.00 in certified funds payable to the Registrar by January 21, 2016. Payment must be mailed to: Registrar of Contractors P.O. Box 6748 Phoenix, AZ 85505-6748

Furthermore, in accordance with the administrative law judge’s decision, IT IS ORDERED that

Respondent’s license be suspended for a period of five days, effective December 22, 2015.

IT IS SO ORDERED this 12th day of November 2015. Registrar of Contractors /s/ James Hanson James N. Hanson Chief of the Legal Department Copy mailed via USPS First Class mail this 12th day of November 2015 to: Respondent International Custom Homes LLC DBA: Exotic Flooring 22904 N 39th Ter Phoenix, AZ 85050-5409

Joshua C. Black Esq. Lorona Mead PLC 3838 N. Central Ave. Ste. 100 Phoenix, AZ 85012-1933 Complainant Rhonda Bannard 1924 E. Lamar Rd Phoenix, AZ 85016-1137

Matthew B. Meaker Esq. Sacks Tierney PA 4250 N. Drinkwater Blvd Fl 4 Scottsdale, AZ 85251-3987 AND copy electronically mailed this same date to:

Office of Administrative Hearings M. Douglas, Administrative Law Judge Case No. 2013-4952 /lg

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762