FINACT2013A-932-ROC.pdf

2013A-932-ROC · Registrar of Contractors · 2014-02-21

BEFORE THE REGISTRAR OF CONTRACTORS

OF THE STATE OF ARIZONA Lucy M Beeler ) ) CASE NO: 2013-932 COMPLAINANT ) -v- ) ) DOCKET NO. 2013A-932-ROC Modern Image Interiors Inc ) License No. K-8.272856-D ) ) ORDER RESPONDENT ) 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 K-8.272856-D License be suspended for a period of three (3) days commencing upon the effective date of this Order. Immediately following the suspension period, Respondent’s K-8.272856-D License shall be placed on probation for a period of ninety (90) days. IT IS FURTHER ORDERED that the three (3) day suspension imposed will be extended indefinitely until the Registrar receives, and accepts, written proof that Respondent has brought all of its business forms and contracts into full compliance with the provisions of A.R.S. § 32-1124(B), and 32- 1158. Pursuant to A.R.S. § 32-1154(D), IT IS FURTHER ORDERED that Respondent pay $500.00 as a civil penalty to the Registrar. The failure by the licensee to pay any civil penalty imposed under this subsection results in automatic revocation of the license thirty (30) days after the effective date of this Order. 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 is tendered. Justification: The Registrar maintains that a finite period of suspension is the appropriate discipline to impose in this matter. Respondent’s previous attempts to correct the work have failed and the parties have demonstrated an inability to communicate and resolve their difference, thereby rendering provisional terms of discipline futile. Respondent’s relatively clean record with the Registrar is a mitigating factor in determining the above stated suspension. Based on this Decision, the Order, as modified, shall become effective on March 24, 2014. /// /// ///

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 IT IS SO ORDERED this 11th day of February, 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 11th day of February, 2014 to: Respondent Modern Image Interiors Inc. 287 E. Frye Rd. Chandler, AZ 85225-6306

Laura Rogal Esq. Jaburg & Wilk, PC 3200 N Central Ave Fl 20 Phoenix, AZ 85012-2403

Complainant Lucy M Beeler 4107 E. Cathedral Rock Dr. Phoenix, AZ 85044-3706

Matthew D Saxe, Esq. LANG BAKER & KLAIN PLC 8767 E. Via De Commercio, Ste. 102 Scottsdale, AZ 85258-3374

cc: OAH Case No. 2013-932 /mkc