FINACT2013A-5408-ROC-RES.pdf

2013A-5408-ROC-res · Registrar of Contractors · 2014-06-12

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA

) Registrar of Contractors ) CASE NO: 2013-5408 ) COMPLAINANT ) ) DOCKET NO. 2013A-5408-ROC -v- ) Superior Custom Builders LLC ) License No. KB-1.265743-D ) ORDER KB-2.223399-D ) ) RESPONDENT ) The Registrar adopts the Administrative Law Judge's attached Recommended Findings of Fact and Conclusions of Law with the following modifications: on page 4, line 18 “Jose Gill” shall be replaced with “Tom Sandoval, on page 4 lines 21 and 24 “Mr. Gill” shall be replaced with “Mr. Sandoval.” On page 5, line 1, 7, 8, 13 ½, 16-17, 22, 23, 25 “Mr. Gill” shall be replaced with “Mr. Sandoval.” On page 6, line 3 ½ “Mr. Gill” shall be replaced with “Mr. Sandoval” line 23-24 “Ms. Padilla” shall be replaced with Ms. Crooks.” On page 7, lines 1, 2, 5 ½, 20 “Mr. Gill” shall be replaced with “Mr. Sandoval.” The Registrar rejects the Administrative Law Judge’s attached Recommended Order and instead IT IS ORDERED that Respondent’s License No. KB-1.265743-D is suspended for a period of ninety (90) days to be immediately followed by a period of ninety (90) days disciplinary probation. IT IS FURTHER ORDERED that Respondent’s License No. KB-1.265743-D is suspended until Respondent provides, and the Registrar accepts, written proof of compliance with A.R.S. § 32-1154(A) (13); namely 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 $500.00 to the Registrar, for its violation of A.R.S § 32-1154(A)(23). If Respondent fails to pay the civil penalty amount in full within thirty (30) days from the effective date 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 person 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. IT IS FURTHER ORDERED, pursuant to A.R.S. § 32-1154(A)(21) License No. KB-2.223399-D held by Respondent is also suspended for a period of ninety (90) days to be immediately followed by a period of ninety (90) days disciplinary probation. Respondent’s License No. KB-2.223399-D will also remain suspended until Respondent has complied with A.R.S. § 32-1158(B).

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 Justification: The Registrar maintains that a finite period of suspension is proper discipline to impose in this matter. Respondent’s relatively clean record with the Registrar is a mitigating factor in the determination of the above stated suspension. Respondent’s lack of cooperation with the Registrar’s investigation is an aggravating factor, along with the failure to take any corrective action when directed by the Registrar. Furthermore, failing to comply with the Registrar’s written directive (Corrective Work Order) in a timely manner merits the imposition of a civil penalty. See A.R.S. § 32-1154(D). Based on this Decision, the Order, as modified, shall become effective on July 8, 2014. IT IS SO ORDERED this 29th day of May, 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 29th day of May, 2014 to:

Respondent Superior Custom Builders LLC PO Box 1305 Saint Johns, AZ 85936-1305

AND

Jolyn Crooks PO Box 1827 Eagar, AZ 85925-1827

AND copy electronically mailed this same date to:

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

Office of Administrative Hearings Tammy L. Eigenheer, Administrative Law Judge

Case No. 2013-5408 /mkc