FINACT2013A-5243-ROC.pdf

2013A-5243-ROC · Registrar of Contractors · 2015-12-04

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

Red Field Services, LLC ) Dba Bearcat Rentals ) CASE NO: 2013-5243 ) -v- ) ) DOCKET NO. 2013A-5243-ROC ) Post Fence Company ) License No.CR14.207029-D ) FINAL ADMINISTRATIVE CR24.256028-D ) DECISION AND ORDER ) RESPONDENT ) ) )

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, REJECTION, AND WRITTEN JUSTIFICATION The Administrative Law Judge Decision lists Dan Post, Esq., as the attorney who represented Respondent at the September 9, 2015 hearing. Dan Post is the Qualifying Party for Respondent. The attorney who represented Respondent at the hearing was Del M. Post, Esq. Therefore, the Registrar modifies the Decision to list Del M. Post, Esq. as the attorney for Respondent. The Registrar also rejects the Administrative Law Judge’s recommendation of a 15-day suspension of Respondent’s license. The Registrar believes a 2-day suspension of Respondent’s license is appropriate, given the nature of the violation and Respondent’s disciplinary history

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 with the Registrar. CONCLUSION AND ORDER The Registrar hereby replaces attorney “Dan Post, Esq.,” found on page 1, line 16 of the Administrative Law Judge Decision with “Del M. Post, Esq.” The Registrar hereby rejects the Administrative Law Judge’s recommendation for a 15-day suspension. The Registrar accepts the remainder of the Decision. IT IS ORDERED that Respondent’s license be suspended for 2 days on the effective date of this Order which is December 7, 2015. IT IS SO ORDERED this 28th day of October 2015. Registrar of Contractors /s/ James Hanson James N. Hanson Chief of the Legal Department

Copy mailed via USPS First Class mail this 28th day of October 2015 to: Respondent Post Fence Company 3677 W Camino Christy Tucson, AZ 85742-8767

Del M. Post, Esq. Datsopoulos, MacDonald & Lind, PC 201 W. Main St. Ste., 201 Missoula, MT 59802-4326

Complainant Red Field Services, LLC DBA: Bearcat Rentals P.O. Box 89206 Tucson, AZ 85752-9206

Corey B. Larson, Esq. Waterfall Economidis Caldwell Hanshaw & Villamana 5210 E. Williams Cir Ste., 800 Tucson, AZ 85711-4482 AND copy electronically mailed this same date to: Office of Administrative Hearings M. Douglas, Administrative Law Judge Case No. 2013-5243

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